Newcomb v. New York Central & Hudson River Railroad
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (1) The service upon the two corporations, to-wit: The Wabash Railroad Company and the Cleveland, Cincinnati, Chicago and St. Louis Railway Company, was a nullity. R. S. 1899, sec. 570; Cloud v. Pierce City, 86 Mo. 363; Sykes v. Railroad, 77 S. W. 723; St. Clair v. Cox, 106 U. S. 350, 27 L. Ed. 225; Railroad v. Pinkney, 149 U. S. 194, 37 L. Ed. 699; New Mineral River Co. v. Seeley, 120 Fed. 200; Ins.
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Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (1) The service upon the two corporations, to-wit: The Wabash Railroad Company and the Cleveland, Cincinnati, Chicago and St. Louis Railway Company, was a nullity. R. S. 1899, sec. 570; Cloud v. Pierce City, 86 Mo. 363; Sykes v. Railroad, 77 S. W. 723; St. Clair v. Cox, 106 U. S. 350, 27 L. Ed. 225; Railroad v. Pinkney, 149 U. S. 194, 37 L. Ed. 699; New Mineral River Co. v. Seeley, 120 Fed. 200; Ins. Co. v. Spratley, 172 U. S. 610, 43 L. Ed. 569; Strain v. Chicago Portrait Co., 126 Fed. 834; Railroad v. Walker, 9 Lea (Tenn.) 475;…
1Opinion of the CourtValliant, J.
Plaintiff in attempting to alight from a moving train within the precincts of the passenger station of defendant railroad company at Buffalo, New York, fell and received injuries to his person; he alleges that the negligence of the defendant caused his fall and he sues for damages.
This is the second appeal in this case, and we now *701refer to our opinion on the former appeal to show the view we took of the ease at that time and the extent to which the controversy was then adjudicated. [Newcomb v. Railroad, 169 Mo. 409.]
At the threshold is a question to be disposed of before the merits of the…
2Cases cited7 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Jeffries v. WrightSupreme Court of Missouri · 1873
- Heath v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1884
- Phillips v. EvansSupreme Court of Missouri · 1876
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- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Mertens v. McMahonSupreme Court of Missouri · 1933
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