Milward v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — • Hon. Kent K. Koerner, Judge. (1) The petition failed to state a cause of action under the humanitarian theory. There was no averment in the petition that the deceased was oblivious to the impending danger.
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Appeal from the Circuit Court of the City of St. Louis. — • Hon. Kent K. Koerner, Judge. (1) The petition failed to state a cause of action under the humanitarian theory. There was no averment in the petition that the deceased was oblivious to the impending danger. Kinlen v. Railroad, 216 Mo. 145: Gruyer v. Railway, 174 Mo. 344; Van Bach v. Railway, 171 Mo. 338; Pope v. Railroad, 242 Mo. 232; Rubick v. Sandler, 219 S. W. 401; Stark v. Bingaman, 223 S. "W.. 946; Bryant etc. v. Kansas City Railway (Mo. Sup.), not yet reported. (2) The demurrer to the evidence should have been sustained, (a) No…
1Opinion of the Court
Plaintiff as the widow of William Milward sues for the alleged wrongful death of her husband who was struck by defendant's northbound passenger train on November 26, 1915, where the tracks of defendant cross Bartmer avenue about two blocks west of the St. Louis city limits.
The right of recovery is grounded solely on the last chance theory, the petition alleging that defendants (being the railway and J.N. Butterly the engineer in charge of the train) could have discovered that the deceased William Milward was approaching and crossing the track and was in danger of being struck by the…
2Cases cited10 opinions
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Maginnis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1916
- Holden v. Missouri RailroadSupreme Court of Missouri · 1903
- Holmes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1907
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Taylor v. KelderMissouri Court of Appeals · 1935
- Powell v. BrosnahanMissouri Court of Appeals · 1938
- Wolf v. Wabash Railway Co.Missouri Court of Appeals · 1923
- Lakin v. Chicago, Rock-Island & Pacific Ry. Co.Missouri Court of Appeals · 1934