Chenoweth v. Pacific Express Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jas. H. Blover, Judge. (1) Tbe alleged contract is within the provisions of section 3418, Revised Statutes 1899. 8 American and Eng. Ency. of Law, p. 675, and cases cited.
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Appeal from Jackson Circuit Court. — Hon. Jas. H. Blover, Judge. (1) Tbe alleged contract is within the provisions of section 3418, Revised Statutes 1899. 8 American and Eng. Ency. of Law, p. 675, and cases cited. Kirkham v. Master, 2 Barn. & Aid. 613 ; Turner v. Hubbell, 2 Day (Conn.) 457; Musick v. Musick, 7 Mo. 495; Ackley v. Parmenter, 98 N. T. 425; Rintoul v. White, 15 N. E. R. 321; 1 Reed Statute of Frauds, sec. 38;, Watson v. Randal, 20 Wend. 201; Nelson v. Boynton, 3 Met. 396; Robinson v. Gilman, 43 N. H. 491, and cases cited; Mallory v. Gillert, 21 N. T. 412; Gump v. Halberstadt, 15…
1Opinion of the CourtSmith, P. J.
The defendant is a corporation organized under the laws of the State of Nebraska. The Missouri Pacific Eailway Company is a corporation organized under the laws of the same State.
The plaintiff was employed by the defendant in the capacity of messenger, and while in charge of one of its ears, the train to which it was attached was derailed in the State of Nebraska by the wrongful and criminal conduct of persons not in the employment of said railway, and that in consequence of such derailment, the plaintiff was severely and permanently injured. Sometime after the plaintiff received his…
2Cases cited52 opinions
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Sharkey v. McDermottSupreme Court of Missouri · 1887
- Connecticut Mutual Life Insurance v. SmithSupreme Court of Missouri · 1893
- Gupton v. GuptonSupreme Court of Missouri · 1870
- Pacific Railroad v. SeelySupreme Court of Missouri · 1870
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3Cited by20 opinions
- Blue Valley Creamery Co. v. Consolidated Products Co.Court of Appeals for the Eighth Circuit · 1936
- First National Bank v. Guardian Trust Co.Supreme Court of Missouri · 1905
- Hedden v. SchneblinMissouri Court of Appeals · 1907
- Moore v. McHaneyMissouri Court of Appeals · 1915
- Cape Girardeau & Chester Railroad v. WingerterMissouri Court of Appeals · 1907
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