Welsh v. Jackson County Horse Railroad
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court.—Hon. R. E. Cowan, Judge. The defendant was entitled to have given the eighth instruction asked by it. Maschek v. Railroad Co., 71 Mo. 276; Levitt v. Railroad Co., 50 Mo. 305; Morris v. Platt, 32 Conn. 82. Only ordinary care was demanded of the driver of the car.
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Appeal from Jackson Special Law and Equity Court.—Hon. R. E. Cowan, Judge. The defendant was entitled to have given the eighth instruction asked by it. Maschek v. Railroad Co., 71 Mo. 276; Levitt v. Railroad Co., 50 Mo. 305; Morris v. Platt, 32 Conn. 82. Only ordinary care was demanded of the driver of the car. Can it be true that the lowest degree of care is not required of a street car company which takes up one-fourth of a much traveled street iu a large city, with three cars passing at one point, and that to in reference to a helpless child? Frick v. Railroad Go., 75 Mo. 609. The counsel…
1Opinion of the CourtRay, J.
The plaintiffs, who are husband and wife, began this action in the special law and equity court of Jackson county, to recover of defendant the sum of $5,000 for the death of their infant son.
On the 4th day of September, 1878, after the father, who was a laboring man, had gone to his work, the child *468named Robert, who was under six years of age, left the premises where the plaintiffs were living, without their consent, and, in a short time afterward, was run over and killed by a street car of the defendant in the day-time upon Union Avenue, in Kansas City, and at a point about opposite the…
2Cases cited1 opinion
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
3Cited by11 opinions
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Dunkman v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1888
- Lynch v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Bergman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Kelly v. Union Railway & Transit Co.Supreme Court of Missouri · 1888
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