Eckhard v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisherf Judge. The court below erred in not giving the instruction asked by defendant at the close of the plaintiff’s evidence in chief, directing a verdict for the defendant. It sufficiently appeared from the evidence offered on behalf of plaintiff that the only negligence shown against the defendant was excessive speed and the failure to ring the bell.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisherf Judge. The court below erred in not giving the instruction asked by defendant at the close of the plaintiff’s evidence in chief, directing a verdict for the defendant. It sufficiently appeared from the evidence offered on behalf of plaintiff that the only negligence shown against the defendant was excessive speed and the failure to ring the bell. It was and is an indisputable fact that if the plaintiff’s husband had either looked or listened, he could have seen and heard the approaching car in time to have avoided the injury. So…
1Opinion of the CourtFox, J.
This is an action by plaintiff, the widow of George P. Eckhard, deceased, to recover from defendant five thousand dollars damages for the negligent killing of her husband, the said George F. Eckhard, at the intersection of South Broadway and Fillmore streets in the city of St. Louis, on the afternoon of December 15, 1901.
The petition alleges the incorporation of defendant ; its operation of a line of street railway along South •Broadway; that South Broadway and Fillmore streets were open public streets in the city of St. Louis; that George F. Eckhard was the lawful husband of plaintiff; that…
2Cases cited20 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- McGowan v. WellsSupreme Court of Missouri · 1930
- Richmond v. Tacoma Railway & Power Co.Washington Supreme Court · 1912
- Lackey v. United Railways Co.Supreme Court of Missouri · 1921
- Heigold v. United Railways CompanySupreme Court of Missouri · 1925
- Ross v. San Francisco-Oakland Terminal Railways Co.California Court of Appeal · 1920
24 more not listed; retrieve them via the Exa API.