O'Malley v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cowrt. — Hon. James E. Withrow, Judge. (1) The court erred in giving the instruction given for plaintiff. The demurrer to the evidence should have been sustained for the following separate and independent reasons, any one of which must be fatal to respondent’s case: First. The evidence wholly failed to show a dangerous condition of the tunnel on the sixteenth day of May, 1887, when deceased entered. Second.
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Appeal from St. Louis City Circuit Cowrt. — Hon. James E. Withrow, Judge. (1) The court erred in giving the instruction given for plaintiff. The demurrer to the evidence should have been sustained for the following separate and independent reasons, any one of which must be fatal to respondent’s case: First. The evidence wholly failed to show a dangerous condition of the tunnel on the sixteenth day of May, 1887, when deceased entered. Second. Even if such dangerous condition existed, the evidence wholly failed to show any knowledge of such condition on the part' of appellant, or of any facts…
1Opinion of the CourtMacparlane, J.
The action is by plaintiff to recover the statutory damages for the death of her husband, John O’Malley, by reason of the alleged negligence of defendant.
The petition charged that defendant owned a railroad tunnel from the Union depot, in the city of St. Louis, under the city, to the bridge which crosses the Mississippi river, and was engaged on the sixteenth of May, 1887, in running locomotives and cars through the same; that, for the purpose of ventilating the same, and keeping it free from the accumulations of steam, smoke and noxious and poisonous gases, defendant operated a fan, placed…
2Cases cited5 opinions
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Dowell v. GuthrieSupreme Court of Missouri · 1889
- Richey v. BurnesSupreme Court of Missouri · 1884
3Cited by18 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Hysell v. Swift & Co.Missouri Court of Appeals · 1899
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- Powers v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
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