Deming v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Davies Circuit Court. — Hon. E, J. Broaddus, Judge. (1) There was ho physical or bodily injury to plaintiff, and in such case fright and mental suffering are not elements to be considered. Strange v. .Railway, 61 Mo. 586; Trigg v. Railroad, 74 Mo. 147; Nelson v. Railroad, 68 Mo. 593*; Marshall v. Railroad, 78 Mo. 610; Connell v. Tel.
Read the full summary
Appeal from the Davies Circuit Court. — Hon. E, J. Broaddus, Judge. (1) There was ho physical or bodily injury to plaintiff, and in such case fright and mental suffering are not elements to be considered. Strange v. .Railway, 61 Mo. 586; Trigg v. Railroad, 74 Mo. 147; Nelson v. Railroad, 68 Mo. 593*; Marshall v. Railroad, 78 Mo. 610; Connell v. Tel. Co., 116 Mo. 34; "Wood’s Mayne on Damages, p. 74 (note); Pierce on Railroads, 302. (2) The plaintiff’s first and second instructions were erroneous, in that they imposed the duty upon the defendant of discharging the plaintiff from the ears, in…
1Opinion of the CourtSmith, P. J.
The plaintiff purchased of the defendant a ticket entitling her to passage over the latter’s line from "Weatherby to Gallatin Junction. The petition alleges that when the train on which plaintiff took passage arrived at Gallatin Junction, the defendant neglected to announce the fact and neglected to stop its said train thereat, so as to enable her to get off, but negligently carried her by said station the distance of half a mile, when, against her protestations, she was forcibly put off the defendant’s train, from where, through the darkness, she was compelled to walk back on defendant’s…
2Cases cited8 opinions
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- 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
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Western Union Telegraph Co. v. FergusonIndiana Supreme Court · 1901
- Saxton v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
- Harzfeld's, Inc. v. Otis Elevator Co.District Court, W.D. Missouri · 1953
- Perkins v. WilcoxSupreme Court of Missouri · 1922
- Harless v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1907
14 more not listed; retrieve them via the Exa API.