Morgan v. Illinois & St. L. Bridge Co.
U.S. Circuit Court for the District of Eastern Missouri
This action was brought in the form of an intervening petition in a suit in equity which had been brought to foreclose a mortgage.
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This action was brought in the form of an intervening petition in a suit in equity which had been brought to foreclose a mortgage. This peculiar form of suit was necessitated by the fact tha't the property, the negligent construction of which produced the injury complained of, was in the hands of receivers appointed by this court By consent of counsel, the petition was referred to Seymour D. Thompson, Esq., one of the masters in chancery of the court, who reported as follows: “From the testimony I find the following facts: That on the 1st day of ■ November, A. D. 1876, the receivers of this…
1Opinion of the Court
DILLON, Circuit Judge.
The only exception to the master’s report relied on by the counsel for the receivers, is that the master erred in not finding that the parents of John Hagan were negligent, and that such negligence defeats the right of the infant to recover the amount of the damages sustained by the negligence of the receivers. In the excellent report of the master, the principal cases upon the effect of the negligence of parents in defeating the right of action for a ■ negligent injury to their child are collected. They cannot be entirely reconciled, although, when the facts of the…
2Cases cited6 opinions
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- McKinley v. C. & N. W. R.Supreme Court of Iowa · 1876
- O'Flaherty v. Union Railway Co.Supreme Court of Missouri · 1869
- West v. ForrestSupreme Court of Missouri · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Fox v. Oakland Consolidated Street RailwayCalifornia Supreme Court · 1897
- Fink v. Missouri Furnace Co.Missouri Court of Appeals · 1881
- City of Lincoln v. First National BankNebraska Supreme Court · 1903