Legal Opinion

Sykes v. St. Louis & San Francisco Railroad

Supreme Court of Missouri

Decided December 23, 1903PublishedCited by 31 opinions

Transferred from St. Louis Court of Appeals. (I) The principal question involved in this case is, whether a railroad company owning a car which, while temporarily absent from its line is, without its knowled^' or consent, loaded with freight destined to a distant point and is in the course of transportation carried a part of the intermediate distance, but neither the initial nor terminal part, by the line of the company owning the car, but under no traffic arrangement, and…

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Transferred from St. Louis Court of Appeals. (I) The principal question involved in this case is, whether a railroad company owning a car which, while temporarily absent from its line is, without its knowled^' or consent, loaded with freight destined to a distant point and is in the course of transportation carried a part of the intermediate distance, but neither the initial nor terminal part, by the line of the company owning the car, but under no traffic arrangement, and for which an arbitrary charge is made, is liable for an injury suffered while unloading such car by an employee of the…

1Opinion of the CourtMarshall, J.

This is an action for personal injuries. The plaintiff recovered fifteen hundred dollars damages in the circuit court. The defendant appealed to the St. Louis Court of Appeals, and that court reversed the judgment and ordered the case remanded to the circuit court for a retrial. One of the judges of that court concurred in reversing the judgment, but not in remanding the case* and deemed the order remanding the case to be in conflict with the decision of this court in Roddy v. Railroad, 104 Mo. 234, and for this reason that court certified the case to this court, undds the sixth *699amendment to…

2Cases cited5 opinions

  1. Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  2. Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
  3. Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
  4. Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
  5. Price v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883

3Cited by31 opinions

  1. Sampson v. Missouri Pacific RailroadSupreme Court of Missouri · 1978
  2. Jackson v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Iowa · 1947
  3. Gulf, West Texas & Pacific Railway Co. v. WittnebertTexas Supreme Court · 1908
  4. Alfred Griffin v. Missouri Pacific Railroad CompanyCourt of Appeals for the Fifth Circuit · 1969
  5. Markley v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1936

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