Beasley v. Linehan Transfer Co.
Supreme Court of Missouri
Appeal from, Gape Girardeau Circuit Oourt. — HoN. Hehby C. Eiley, Judge. (1) Judgment should be reversed because the evidence conclusively shows, without contradiction, that the proximate cause of the death of plaintiffs husband was occasioned by the negligence of the railway company; that no negligent act of this defendant was the proximate cause of his death.
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Appeal from, Gape Girardeau Circuit Oourt. — HoN. Hehby C. Eiley, Judge. (1) Judgment should be reversed because the evidence conclusively shows, without contradiction, that the proximate cause of the death of plaintiffs husband was occasioned by the negligence of the railway company; that no negligent act of this defendant was the proximate cause of his death. The law is firmly settled that where the act of negligence complained of as causing the injury is at most but the remote occasion of the injury, and that a subsequent act of negligence, by a responsible person intervening, was the…
1Opinion of the CourtValliant, J.
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This is a suit for damages for the death of plaintiffs husband, which she alleges was caused by defendant’s negligence. Petition states substantially that defendant was a corporation owning a steamboat, and engaged in transferring freight cars for the St. Louis, Cape Girardeau & Eort Smith Railroad Company, across the Mississippi, from Cape Girardeau to a point opposite on the Illinois shore; that plaintiffs husband was in the employ of defendant as engineer of the steamboat, and on October 20, 1892, was at his post when a car which was being delivered by the railroad company to the boat to…
2Cited by16 opinions
- Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Ballard v. Kansas CityMissouri Court of Appeals · 1905
- Shelby Iron Co. v. MorrowSupreme Court of Alabama · 1923
- Albert v. GibsonMichigan Supreme Court · 1905
- McComb v. NorfusSupreme Court of Missouri · 2018
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