Werner v. Citizens' Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. No negligence on the part of the defendant was proven; certainly not the kind of negligence declared on in the petition, and hence the instruction for nonsuit should- have been given. Buffington v. Railroad Co., 64 Mo. 216 ; Waldhier v. Railroad Co., 71 Mo. 516; Price v. Railroad Co., 72 Mo. 420. There was negligence on the part of deceased contributing directly to the accident, which precludes recovery by plaintiff.
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Appeal from St. Louis Court of Appeals. No negligence on the part of the defendant was proven; certainly not the kind of negligence declared on in the petition, and hence the instruction for nonsuit should- have been given. Buffington v. Railroad Co., 64 Mo. 216 ; Waldhier v. Railroad Co., 71 Mo. 516; Price v. Railroad Co., 72 Mo. 420. There was negligence on the part of deceased contributing directly to the accident, which precludes recovery by plaintiff. Karle v. Railroad Co., 55 Mo. 484; Isabel v. Railroad Co., 60 Mo, 482 ; Whalen v. Railroad Cb., 60 Mq. 327; Mayer v. Railroad Co., 64 Mo.…
1Opinion of the CourtHenry-, J.
Plaintifi sued for damages, under the statute, for the alleged negligent killing of her husband, Louis Werner, by one of defendant’s street cars. The defenses pleaded were a denial of the facts alleged and contributory negligence on the part of the deceased. There was evidence tending to prove that deceased was guilty of contributory negligence; that in a state of intoxication he lay, or fell down, on the defendant’s track and remained there until run over by the car, which occurred about 8:25 o’clock at night. It was a dark night and the only passengers on the car were Olifton and his wife,…
2Cases cited7 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Millhouser v. Kansas City Public Service Co.Supreme Court of Missouri · 1932
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- McClanahan v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1902
20 more not listed; retrieve them via the Exa API.