Bergman v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The demurrer to the evidence at the close of plaintiffs’ case should have been sustained on the ground of deceased’s contributory negligence. Fletcher v. Ry. ■Co., 64 Mo. 484; Nelson r>. Ry. 0c.,.68 Mo. 593; Hicks n. Ry. Co., 64 Mo. 436; Harlan v. Ry. Co., 65 Mo. 22; O’ Neill v. Ry. Co., 45 Iowa, 646; Ry. Co. v. Patterson, 93 111. 195 ; Thomas v. Ry. Co., 51 Miss. 637 ; Wood t>. Ry. Co., 70 N. Y. 195; Ry.
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Appeal from St. Louis Court of Appeals. (1) The demurrer to the evidence at the close of plaintiffs’ case should have been sustained on the ground of deceased’s contributory negligence. Fletcher v. Ry. ■Co., 64 Mo. 484; Nelson r>. Ry. 0c.,.68 Mo. 593; Hicks n. Ry. Co., 64 Mo. 436; Harlan v. Ry. Co., 65 Mo. 22; O’ Neill v. Ry. Co., 45 Iowa, 646; Ry. Co. v. Patterson, 93 111. 195 ; Thomas v. Ry. Co., 51 Miss. 637 ; Wood t>. Ry. Co., 70 N. Y. 195; Ry. Co. v. Hasbon, 4 Broome, 149 ; Runyan v. Ry. Co., 1 Butch. 357 ; Ry. Co. v. Still, 19 111. 508; Ry. Co. v. Heilman, 49 Pa. 62; Ry. Co. v. Hunter,…
1Opinion of the CourtNorion, J.
Plaintiffs brought this suit to recover *681damages for the death of their minor son, Cornelius Bergman, who, it is alleged, was killed by being run over by defendant’s cars while walking on Front street, in the city of St. Louis, along which the tracks of defendant’s railway run. The defence was contributory negligence. Plaintiffs obtained judgment in the circuit ■court, which, on appeal to the St. Louis court of appeals, was affirmed pro forma, and the cause is before us on defendant’s appeal.
At the close of plaintiffs’ evidence, defendant asked the court to instruct the jury that, under the…
2Cases cited5 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
- Werner v. Citizens' Railway Co.Supreme Court of Missouri · 1884
- Scoville v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Welsh v. Jackson County Horse RailroadSupreme Court of Missouri · 1884
3Cited by20 opinions
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Baltimore & Ohio Southwestern Railway Co. v. PetersonIndiana Supreme Court · 1901
- Keim v. Union Railway & Transit Co.Supreme Court of Missouri · 1886
- Barry v. Burlington Railway & Light Co.Supreme Court of Iowa · 1903
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