Schlereth v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon,. Judge. (1) The court erred in admitting incompetent and illegal evidence offered by plaintiff against defendant’s. ■objections.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon,. Judge. (1) The court erred in admitting incompetent and illegal evidence offered by plaintiff against defendant’s. ■objections. Stephens v. Bailroad, 96 Mo. 214; Beems v. Bailroad, 58 Iowa, 150; s. o., 6 American & English Railroad Cases, 227; Bailroad v. Gower, 85 Tenn. 465; s. c., 31 American & English Railroad Cases, 168; Bailroad v. Beeves, 11 S. W. Rep. 465; Bailroad v. Boy, 102 U. S. 459; Gourley v. Bailroad, 35 Mo. App'. ■ 87; Igov. Bailroad, 38 Mo. App. 377. (2) The court ■ erred in overruling defendant’s demurrers to…
1Opinion of the CourtBurgess, J.
This is the second appeal by defendant in this ease. The opinion of the court on the first appeal will be found reported in 96 Mo. 509, including ■ a full and fair státement of all the facts of the case as they existed at that time.
After the case was reversed and remanded defendant filed an amended answer alleging contributory negligence and with that exception the case was tried on the pleadings as they were at the time of the first trial. 'The evidence tended to establish the theory of the plaintiff and also contributory negligence on the part •of deceased.
At the close of the case defendant…
2Cases cited26 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
21 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
21 more not listed; retrieve them via the Exa API.