Ellingson v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) There was no appointment of a next friend to act in the case. R. S., secs. 1998, 1999, 2403'and 2414. (2) The court erred in permitting plaintiff to prove the value of services, etc., of deceased, as under the petition no special damages were alleged. Matthews v. Railroad, 26 Mo.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) There was no appointment of a next friend to act in the case. R. S., secs. 1998, 1999, 2403'and 2414. (2) The court erred in permitting plaintiff to prove the value of services, etc., of deceased, as under the petition no special damages were alleged. Matthews v. Railroad, 26 Mo. App. 75. 1 (3) The accident was the result of the negligence of a fellow servant, and, therefore plaintiff can not recover-. Relyea v. Railroad, 112 Mo. 87; Randall v. Railroad, 109 U. S. 478. (4) The deceased assumed the risk of injury from the…
1Opinion of the CourtRombatjek, P. J.
The plaintiffs are infant children of Ole Ellingson, who died from injuries received at Larrabee station while in the defendant’s employ as a locomotive engineer. The injuries were brought about by a collision of two locomotives, the one in charge of Ellingson, the other in charge of another engineer of the defendant. The petition charges that the collision was due to defendant’s negligence in failing to maintain switch lights at the intersection of the defendants main track with the switch track on which the locomotive in charge of Ellingson was standing at the time.
The petition states that…
2Cases cited16 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
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3Cited by5 opinions
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Dewitt v. SyfonMissouri Court of Appeals · 1919
- Plefka v. Knapp, Stout & Co.Supreme Court of Missouri · 1898
- Richards v. HarrisonMissouri Court of Appeals · 1897
- Plefka v. Knapp-Stout Lumber Co.Missouri Court of Appeals · 1897