Donahoe v. Wabash, St. Louis & Pacific Ry. Co.
Citations
- 83 Mo. 543
Syllabus
<p>1. Railroad: negligence : children. Where the engineer of a railway train, running through the country, observes children on or near the track, it becomes his duty to use the same care and precaution as when running through a city. In such case he cannot act upon the presumption the track is clear, without being responsible for the consequences. •</p> <p>3. ' -: ENGINEER : warning OE danger : child. A railroad is liable, where its engineer who has received warning which gave notice of danger ahead and demanded the checking or stopping of the train, disregards such warnings and runs over and kills a child on the track, when by regarding the warnings he could have checked the train and averted the accident. And this is the case, although the parents of the child were negligent in permitting it to be on the track.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- as a threshold matter, police officer must reasonably believe person to be frisked is armed and dangerous
- where officer emptied and searched eight-inch by nine-inch drawstring bag without first frisking it, search was unreasonable because not confined “to what was minimally necessary to discover the presence of a weapon”
Source: CourtListener parenthetical corpus (CC0).
Judges: Henry
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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