Schultz v. Pacific Railroad
Supreme Court of Missouri
Error to Cole Circuit Court. Plaintiff, as the widow, brought her action under the statute for the better security of life, property and character. The petition alleged that plaintiff’s husband received an injury, of which he died, resulting from the negligence, u'nskillfulness and criminal intent of the officers, agents, servants and employees of defendant while running, conducting and managing the locomotive and cars on its railroad near the city of Jefferson.
Read the full summary
Error to Cole Circuit Court. Plaintiff, as the widow, brought her action under the statute for the better security of life, property and character. The petition alleged that plaintiff’s husband received an injury, of which he died, resulting from the negligence, u'nskillfulness and criminal intent of the officers, agents, servants and employees of defendant while running, conducting and managing the locomotive and cars on its railroad near the city of Jefferson. The answer alleged that plaintiff’s husband was a fellow-servant of the servants and employees of defendant, who were running the…
1Opinion of the CourtHolmes, Judge
The petition sets forth a cause of action founded upon the second section of “An act for the better security of life, property and character,” first enacted in this State in the year 1855. (R. O. 1855, p. 647.) This section, so far as it may have a bearing upon the present case, provides that whenever any person shall die from any injury, resulting from, or occasioned by, the negligence, unskillfulness or criminal intent of any officer, agent, servant or employee, whilst running, conducting or managing any locomotive, car, or train of cars ; * * and when any passenger shall die from any…
2Cases cited12 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- United States v. FurlongSupreme Court of the United States · 1820
- Rood v. New-York & Erie RailroadNew York Supreme Court · 1854
- Galena & Chicago Union Railroad v. YarwoodIllinois Supreme Court · 1856
- Haring v. New-York & Erie RailroadNew York Supreme Court · 1852
7 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1910
- White v. MontoyaNew Mexico Supreme Court · 1942
20 more not listed; retrieve them via the Exa API.