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Brown v. Missouri, Kansas & Texas Railway Co.

Brown v. Mo., Kan. & Tex. Ry. Co., 67 Mo. 122 (1877)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
October 15, 1877
Judges
Napton, Other
Citations
67 Mo. 122
Headnotes
Railroad: agency. No recovery can be had against a railroad company for drugs furnished to a person who has been hurt by the company’s locomotive, on the order of a division superintendent of the road, without proof that he was authorized to give the order. The courts cannot take judicial notice of the duties of such an officer.
Summary
Appeal from Hannibal Court of Common Pleas. — IIon. John T. Redd, Judge. cited Tucherv. St. L. K. C. N. Pwy., 54 Mo. 181; Stephenson v. N. Y. § II. Pwy., 2 Duer 341; Cox v. Midland Counties Pwy., 3 Exch. 268; Pierce on R. R. Law, 373.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Napton

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Napton, J.

This was a suit originating in a justice’s court for a small bill of drugs furnished a woman who had *123 been hurt by the locomotive or ears of defendant, and alleged to have been furnished at the request of defendant. The order to the druggist was given by Mr. Town, superintendent of the division of the road from Hannibal to Sedalia.' No proof was offered as to the duties of such officer, and the courts cannot take judicial notice of them. The judgment for the plaintiff must be reversed, and the cause remanded.

The other judges concur.

Reversed.

How later courts describe this case

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Cited by 17 cases

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1884–1885: 41886–1887: 21890–1891: 21896–1897: 21902–1903: 11904–1905: 11906–1907: 11914–1915: 21916–1917: 11934–1935: 118842026peak 1884 · 4

Most recent

  1. State ex rel. Electric Household Stores, Inc. v. Hostetter89 S.W.2d 28 (Mo. 1935)
  2. Carson v. Chicago, Milwaukee & St. Paul Railway Co.181 Iowa 310 (1917)
  3. Hunicke v. Meramec Quarry Co.172 S.W. 43 (Mo. 1914)
  4. Ghio v. Schaper Bros.163 S.W. 551 (Mo. Ct. App. 1914)
  5. McGraw v. O'Neil101 S.W. 132 (Mo. Ct. App. 1907)
  6. Reynolds v. Chicago, Burlington & Quincy Railroad90 S.W. 100 (Mo. Ct. App. 1905)

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