Soeder v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Host. Shepard Barclay, Judge. (1) Plaintiff’s testimony did not make a prima facie case, and the demurrer to the evidence should have been sustained. Moore v. Railroad, 28 Mo. App. 622; Schutle v. Railroad, 97 Pa. St. 455. (2) The court committed error in the admission of the testimony offered by plaintiff against the objection of defendant. Stephens v. Railroad, 96 Mo. 207; Railroad v. Gower, 31 Am. & Eng. R. R. Cases, p. 168; Penn.
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Appeal from St. Louis City Circuit Court.—Host. Shepard Barclay, Judge. (1) Plaintiff’s testimony did not make a prima facie case, and the demurrer to the evidence should have been sustained. Moore v. Railroad, 28 Mo. App. 622; Schutle v. Railroad, 97 Pa. St. 455. (2) The court committed error in the admission of the testimony offered by plaintiff against the objection of defendant. Stephens v. Railroad, 96 Mo. 207; Railroad v. Gower, 31 Am. & Eng. R. R. Cases, p. 168; Penn. Co. r>. Roy, 102 U. S. 459. (3) The court committed error in refusing to give the instructions asked by defendant.…
1Opinion of the CourtBrace, J.
This is an action by the widow of William Soeder for damages for the death of her husband, alleged to have been caused by the negligence of the defendant, in whose employ the said Soeder was, at the time of his death, engaged in the discharge of his duties as a brakeman.
Three grounds of recovery are stated in the petition: First. That the accident was caused by the failure of defendant to have a sufficient number of men to manage and control the train; second, by reason of a defective *676brake upon the cars of said train, and, third, by the negligence of defendant in permitting its track to be,…
2Cases cited7 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Meyer v. Pacific RailroadSupreme Court of Missouri · 1867
2 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
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