Marshall v. Wabash Railroad
Supreme Court of Missouri
Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. Under the pleading and evidence in this caiise plaintiff made out against defendant a clear case of negligence, and the case should have been submitted to the jury. The instruction asked for by the defendant, and given at its instance by the court, taking the case from the jury, was, we think, manifestly erroneous, and we ask a careful consideration of this error.
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Appeal from Montgomery Circuit Court. — Hon. E. M. Hughes, Judge. Under the pleading and evidence in this caiise plaintiff made out against defendant a clear case of negligence, and the case should have been submitted to the jury. The instruction asked for by the defendant, and given at its instance by the court, taking the case from the jury, was, we think, manifestly erroneous, and we ask a careful consideration of this error. The chief points relied upon by the appellant for the reversal of this case is the giving of the instruction at the conclusion of the evidence offered by the…
1Opinion of the CourtBlack, P. J.
This is an action under section 4425, Revised Statutes, 1889, generally known as the second section of the damage act, to recover $5,000 for the death of William H. Taylor. Besides a general denial, the answer states that the deceased was the illegitimate child of plaintiff and that the father is still living.
The deceased was about sixteen years old at the *278time of,his death. He was the illegitimate child of the plaintiff and one Charles Taylor. The latter, though living, was not made a party to this suit. William H. Taylor died from injuries occasioned by the negligence of the servants of the…
2Cases cited1 opinion
- Olin v. HungerfordOhio Supreme Court · 1840
3Cited by28 opinions
- Middleton v. Luckenbach S. S. Co.Court of Appeals for the Second Circuit · 1934
- Lynch v. KnoopSupreme Court of Louisiana · 1907
- Cobb v. State Security Insurance Co.Supreme Court of Missouri · 1979
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
- McDonald v. Pittsburgh, Cincinnati, Chicago & St. Louis R'y Co.Indiana Supreme Court · 1896
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