Elliott v. St. Louis & Iron Mountain R. R.
Supreme Court of Missouri
Appeal from Washington Circuit Court. — IIon. Louis F* Dinning, Judge. 1. The second clause of section 2, p. 519,1 Wag. Stat., does not continue the right of aetio'n to the plaintiff, as deceased was confessedly not a passenger, but an employee. It was not embraced in the first clause of that section, for that relates to injuries received from negligence of employees while running a train, and this action is not for such negligence, but for alleged defective road and cars.
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Appeal from Washington Circuit Court. — IIon. Louis F* Dinning, Judge. 1. The second clause of section 2, p. 519,1 Wag. Stat., does not continue the right of aetio'n to the plaintiff, as deceased was confessedly not a passenger, but an employee. It was not embraced in the first clause of that section, for that relates to injuries received from negligence of employees while running a train, and this action is not for such negligence, but for alleged defective road and cars. The words “other person” do not include a servant injured by defective appliances, any more than one injured by…
1Opinion of the CourtHenry, J.
The plaintiff's petition alleges, that David O. Elliott, father of Mamie, was an employee of defendant, and was killed, in consequence of the use of defective machinery by the company, on a train of cars of which said Elliott was a brakeman, and it was to recover damages for the killing of her father that Mamie, prosecuted this suit.
The court and. her counsel seemed to have based her right to recover on the second section of our damage act, and, in the third instruction for plaintiff, the jury were told, that if they found for plaintiff, they should assess the damages at $5,000. Inasmuch as…
2Cases cited5 opinions
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
- Beaulieu v. Portland Co.Supreme Judicial Court of Maine · 1860
- McMillan v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
3Cited by22 opinions
- Bernhardt v. PerrySupreme Court of Missouri · 1919
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
- Hoffman v. DickinsonWest Virginia Supreme Court · 1888
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
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