Prewitt v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The judgment of this court on the former appeal is conclusive of the questions then decided. Bankv. Taylor, 62 Mo. 388; Adair Co. v. Ormby, 75 Mo. 282; Gaines v. Fender, 82 Mo. 497; Chouteau v, Gibson, 76 Mo. 38; Bice v. McFarland, 41 Mo. App. 489; McKinney v. Earral, 36 Mo. App. 338; Bombs v. "Corbin, 34 Mo. App. 394; Belch v. Miller, 37 Mo.
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Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. (1) The judgment of this court on the former appeal is conclusive of the questions then decided. Bankv. Taylor, 62 Mo. 388; Adair Co. v. Ormby, 75 Mo. 282; Gaines v. Fender, 82 Mo. 497; Chouteau v, Gibson, 76 Mo. 38; Bice v. McFarland, 41 Mo. App. 489; McKinney v. Earral, 36 Mo. App. 338; Bombs v. "Corbin, 34 Mo. App. 394; Belch v. Miller, 37 Mo. App. 628. (2) The same state of facts presented on this appeal, were held on the former appeal to constitute contributory negligence which would prevent a recovery. Prewitt v. Eddy, 115…
1Opinion of the CourtBubgess, J.
This is the second appeal by defendant in this case. The first judgment was in favor of plaintiff in the sum of $8,500; the one from which the present appeal was taken is for the sum of $6,000. When the case was here on the first appeal it was heard in the second division; the judgment reversed and the cause remanded, because of errors committed by the trial court in giving and refusing instructions. 115 Mo. 283.
The suit is prosecuted to recover damages for personal injuries, sustained by plaintiff, by being run over by the cars of defendant in the negligent violation of an ordinance of the…
2Cases cited5 opinions
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Grube v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Merz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Moore v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1895
- Prewitt v. EddySupreme Court of Missouri · 1893
3Cited by13 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Hutchinson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Neely v. Kansas City Public Service Co.Missouri Court of Appeals · 1952
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