Becke v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — TIon. Shepard Barclay, Judge. The refusal of defendant’s instructions was error. Chapman v. Railroad, 19 N. Y. 341-44; Township v. King, 84 Penn. St. 230 : Thorogood v. Bryan, 8 C. B. 114, 129 ; Armstrong v. Railroad, L. R. 10 Exch. 47; LocJchart v. Lichtenthaler, 46 Penn. St. 151; Stiles v. Oeesey, 71 Pa. St. 439; 39 Iowa, 523. The instructions given on the court’s own motion were improper anct erroneous.
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Appeal from St. Louis City Circuit Court. — TIon. Shepard Barclay, Judge. The refusal of defendant’s instructions was error. Chapman v. Railroad, 19 N. Y. 341-44; Township v. King, 84 Penn. St. 230 : Thorogood v. Bryan, 8 C. B. 114, 129 ; Armstrong v. Railroad, L. R. 10 Exch. 47; LocJchart v. Lichtenthaler, 46 Penn. St. 151; Stiles v. Oeesey, 71 Pa. St. 439; 39 Iowa, 523. The instructions given on the court’s own motion were improper anct erroneous. Sloher v. Railroad, 91 Mo. 518; King y. Railroad, 11 S. W. Rep. 563 ; Crumpley v. Railroady US. W. Rep. 244. (1) The first proposition advanced…
1Opinion of the CourtBrace, J.
— In this action, plaintiff sues to recover damages for the death of her husband, Charles Becke, who was a passenger in a public stage or hack, that was; struck by a train of defendant, at a public crossing a short distance from Nevada, Missouri, thereby causing-the said coach to be overturned and the said Becke injured so that he died within two days after the collision, from such injuries.
The plaintiff had judgment for $5,000, and the defendant appeals. The only errors urged as grounds. *546for reversal are upon the instructions; They may all be considered upon instructions 1 and 3, given for…
2Cases cited14 opinions
- Little v. HackettSupreme Court of the United States · 1886
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- Dyer v. . Erie Railway CompanyNew York Court of Appeals · 1877
- Wabash, St. Louis & Pacific Railway Co. v. ShackletIllinois Supreme Court · 1883
- Cuddy v. HornMichigan Supreme Court · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Homan v. Missouri Pacific RailroadSupreme Court of Missouri · 1933
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
28 more not listed; retrieve them via the Exa API.