Strange v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Johnson Circuit Court.—Hon. W. W. Wood, Judge. (1) Damages can not be recovered for mental suffering or fright unattended by physical injury. JEiving v. Bailroad, 48 Am. and Eng. R. R. Cases (Pa.), 506, and cases cited; Canning v. Williamstoivn, 1 Cush. (Mass.) 451; Connell v. Tel. Co., 22 S. W. Rep. (Mo.) 345; Bailroad v. Trott,. 25 S. W. Rep. (Tex.) 419, and cases cited; Bailway Com’rs v. Coultas, 13 App.
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Appeal from the Johnson Circuit Court.—Hon. W. W. Wood, Judge. (1) Damages can not be recovered for mental suffering or fright unattended by physical injury. JEiving v. Bailroad, 48 Am. and Eng. R. R. Cases (Pa.), 506, and cases cited; Canning v. Williamstoivn, 1 Cush. (Mass.) 451; Connell v. Tel. Co., 22 S. W. Rep. (Mo.) 345; Bailroad v. Trott,. 25 S. W. Rep. (Tex.) 419, and cases cited; Bailway Com’rs v. Coultas, 13 App. Cases, 222; Mayne on Damages (by Wood), 74; Wyman v. Leavitt, 71 Me. 227; Bailroad v. McGinnis, 46 Kan. 109; s. c., 26 Pac. Rep. 453; Johnson v. Wells, 6 Nev. 224; Bailroad…
1Opinion of the CourtGill, J.
—The plaintiff, a girl fourteen years old, was, in August, 1891, residing with her parents near a flag station on defendant’s road, called Doran Switch, some ten miles west of Warrensburg, Missouri. In her petition she complains:
“That on the afternoon of the first day of August, 1891, she became and was a passenger upon one of the defendant’s passenger trains on the line of its railroad, as aforesaid, from the town of Warrensburg, in the county of Johnson, to Doran Switch, in said county, *590and paid to the officer and agent of said company all the charges required of her for such passage. That…
2Cases cited2 opinions
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
3Cited by10 opinions
- Ft. Smith W. R. Co. v. FordSupreme Court of Oklahoma · 1912
- Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
- Hutchinson v. RailroadSupreme Court of North Carolina · 1905
- Perkins v. WilcoxSupreme Court of Missouri · 1922
- Harless v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1907
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