State Ex Rel. St. Louis-San Francisco Railway Co. v. Reynolds
Supreme Court of Missouri
Certiorari. (1) The ruling of the Court of Appeals that, although deceased, who was sui juris, knew the train was approaching, yet, since the engineer testified that when his train was a quarter of a mile distant he saw a group of persons leaving the depot and knew they intended to cross the track, they were from that moment in the danger zone, and it was his duty at that time to stop or slow up his train so as to prevent the accident, and that as there was evidence tending…
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Certiorari. (1) The ruling of the Court of Appeals that, although deceased, who was sui juris, knew the train was approaching, yet, since the engineer testified that when his train was a quarter of a mile distant he saw a group of persons leaving the depot and knew they intended to cross the track, they were from that moment in the danger zone, and it was his duty at that time to stop or slow up his train so as to prevent the accident, and that as there was evidence tending to show that he failed in this duty, the humanitarian doctrine applied, contravenes the ruling of this Court in the…
1Opinion of the CourtGraves, J.
Certiorari to the St. Louis Court of Appeals. Our writ was invoked in a case decided by that court, entitled Charles JST. Martin v. St. Louis San Francisco Railway Company, wherein a judgment of $5,000 obtained by plaintiff in the circuit court was affirmed by the Court of Appeals. The action was one by the husband for the alleged negligent killing of his wife. All charges of negligence were abandoned except the negligence covered by the humanitarian rule. In other words the case in the trial court was submitted solely on the humanitarian rule. Relator urges many conflicts between our…
2Cases cited3 opinions
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Cooper v. GunterSupreme Court of Missouri · 1908
- H. D. Williams Cooperage Co. v. Quercus Lumber Co.Supreme Court of Missouri · 1918
3Cited by15 opinions
- Elkin v. St. Louis Public Service Co.Supreme Court of Missouri · 1934
- Yeaman v. StormsSupreme Court of Missouri · 1949
- McGowan v. WellsSupreme Court of Missouri · 1930
- Johnson v. Kansas City Public Service Co.Supreme Court of Missouri · 1948
- State Ex Rel. Arndt v. CoxSupreme Court of Missouri · 1931
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