Buckry-Ellis v. Missouri Pacific Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) There was not sufficient evidence to support the averments of the petition, and, therefore, defendant’s instruction No. 2 should have been given.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) There was not sufficient evidence to support the averments of the petition, and, therefore, defendant’s instruction No. 2 should have been given. Watson v. Railroad, 333 Mo. 246; Boyd v. Railroad, 105 Mo. 371; Prewitt v. Eddy, 115 Mo. 283; Henze v. Railroad, 71 Mo. 639; Culhane v. Railroad, 60 N. Y. 137; Shufelt v. Railroad, 55 N. W. 1015; Ives v. Railroad, 107 N. W. 454; Horn v. Railroad, 55 A. & E. R. R. Cas. 158; Knox v. Railroad, 52 Atl. 91. (2) The court erred in giving plaintiff’s instruction No. 6, there…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of the negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal. Plaintiff, a little girl aged about seven years, sues by her next friend, duly appointed and qualified in that behalf.
Plaintiff received her injury on defendant’s railroad track in Poplar street, about fifty feet east of' the crossing of Fourth street therewith, .in the city of St. Louis. Poplar street runs east and west and Fourth street north and south. Defendant maintains a railroad track in the center of Poplar street, and at the time in…
2Cases cited8 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Murray v. St. Louis Transit Co.Supreme Court of Missouri · 1903
- Rosenkranz v. Lindell Railway Co.Supreme Court of Missouri · 1891
- Holmes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Betts Co. v. HancockSupreme Court of Georgia · 1912
- Doremus Ex Rel. Rentz v. Atlantic Coast Line RailroadSupreme Court of South Carolina · 1963
- Collins v. McPhersonCourt of Appeals of Georgia · 1954
- Hammond v. Schuermann Building & Realty Co.Supreme Court of Missouri · 1944
- Newman v. St. Louis-San Francisco Railway CompanySupreme Court of Missouri · 1963
3 more not listed; retrieve them via the Exa API.