McNulty v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. The instruction complained of was not only proper hut it would have been reversible error for the court to have refused it to defendant. That the plaintiff must make out his ease by a preponderance, that is, the greater weight of the evidence, is fundamental; is the law of this State and always has been.
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Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. The instruction complained of was not only proper hut it would have been reversible error for the court to have refused it to defendant. That the plaintiff must make out his ease by a preponderance, that is, the greater weight of the evidence, is fundamental; is the law of this State and always has been. The doctrine that a prima-facie case shifts the burden of proof does not in any sense impair or infringe upon the rule. Murray v. Railroad, 101 Mo.- 236; Schaefer v. Railroad, 128 Mo. 64; Casey v. Donovan, 65 Mo.…
1Opinion of the Court
In Division One.
BRACE, P. J.
This is an action by the mother to recover damages for the death of her minor child, a daughter, aged about eight years and seven months, who on the 15th of May, 1890, was killed by one of the defendant's engines at the crossing of defendant's tracks over Theresa avenue, in the city of St. Louis. The verdict was for the defendant. Motion for a new trial was sustained, and the defendant appealed. The ground specified by the court upon which the motion for a new trial was sustained is thus stated by the trial judge:
“One ground of negligence charged in the petition as…
Also in this document: Per curiam.
2Cases cited5 opinions
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Huckshold v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Crumpley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1892
- Lane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Barr v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1888
3Cited by11 opinions
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Eaton v. Southern Pacific Co.California Court of Appeal · 1913
- Dudley v. Wabash RailroadMissouri Court of Appeals · 1912
- Rivera Maldonado v. Central Pasto Viejo, Inc.Supreme Court of Puerto Rico · 1932
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