Donahoe v. Wabash, St. Louis & Pacific Railway Co.
Citations
- 83 Mo. 560
Syllabus
<p>1. Hegligence : danger: rescue. The negligence of a person causing danger as to the person in danger is imputable to the former with respect to one who attempts a rescue, and if the former is not guilty of negligence as to such person in danger, then he is. only liable for negligence occurring with regard to the rescuer after the attempt to rescue began.</p> <p>.2 Child, Rescue from Danger by Parent. Where a mother is injured while attempting to rescue her infant child from the danger of an approaching railroad train, the railroad is liable if it was guilty of negligence with respect to the child before the mother attempted the rescue, or with respect to the mother or child, after the attempt to save the child began, and this is the case, although the parents of the child may have been guilty of contributory negligence in permitting it to go on the track.</p> <p>3. Instructions. Instructions calculated to mislead or to confuse the jury should not be given.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- municipality’s ordinance restricting internally lighted signs, but otherwise allowing business owners to erect signs that could be effectively illuminated, did not impair owners’ freedom of expression
- ‘We now conclude that municipalities may validly exercise zoning power solely to advance aesthetic values, because the preservation or enhancement of the visual environment may promote the general welfare.”
- “A person of ordinary intelligence reading the ordinance could understand that it proscribes all methods of sign illumination that cast light from within the sign out through the faces of the sign.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Henry
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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