Brady v. Kansas City, St. Louis & Chicago Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court.— Hon. ■ W. B. Teasdale, Judge. (1) Plaintiff’s instruction number one is fatally defective, (a) It is fatally defective because it instructed a verdict against tbe defendant, who is not charged with negligence, but whose liability is sought to be established solely through the allegation and proof that it is the owner of a certain railroad right of way, which it had leased to another railroad company, whose negligence is alleged to have…
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Appeal from Jackson Circuit Court.— Hon. ■ W. B. Teasdale, Judge. (1) Plaintiff’s instruction number one is fatally defective, (a) It is fatally defective because it instructed a verdict against tbe defendant, who is not charged with negligence, but whose liability is sought to be established solely through the allegation and proof that it is the owner of a certain railroad right of way, which it had leased to another railroad company, whose negligence is alleged to have caused the injury, without requiring the jury to find that the defendant ever owned the lands or tracks or right of way…
1Opinion of the CourtBurgess, J.
This is an action to recover damages for personal injuries sustained by plaintiff on October 14, 1902-, while engaged in the performance of his duties as switchman for the Chicago & Alton Railway Company. Plaintiff recovered judgment for $15,000, from which judgment, after unavailing motions for new trial and in arrest, defendant appealed.
The petition alleges the incorporation of the defendant company under the laws of the State of Missouri, and its ownership of a line of railroad in Kansas City, Missouri, and elsewhere, together with switches and yards, and that by intermediate conveyances…
2Cases cited28 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Hill v. WinsorMassachusetts Supreme Judicial Court · 1875
- Curtis v. McNairSupreme Court of Missouri · 1903
- Louisville, New Albany & Chicago Railway Co. v. WoodIndiana Supreme Court · 1887
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
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3Cited by26 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Williams v. PryorSupreme Court of Missouri · 1917
- Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Kinney v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1914
- Johnson v. Waverly Brick & Coal Co.Supreme Court of Missouri · 1918
21 more not listed; retrieve them via the Exa API.