Koenig v. Union Depot Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Comity Circuit Court.- — So». R. Hirsel, Judge. (1) - The court erred in permitting witness Montgomery to testify that certain facts assumed by him to be true “would indicate that the car was then moving at a higher rate of speed than ten or twelve miles an hour, or that the motorman didn’t apply the brakes or reverse power properly at the time the accident occurred.” Ferguson v. Hubbell, 97 N. T. 507; Muff v. Railroad, 22 Mo.
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Appeal from St. Louis Comity Circuit Court.- — So». R. Hirsel, Judge. (1) - The court erred in permitting witness Montgomery to testify that certain facts assumed by him to be true “would indicate that the car was then moving at a higher rate of speed than ten or twelve miles an hour, or that the motorman didn’t apply the brakes or reverse power properly at the time the accident occurred.” Ferguson v. Hubbell, 97 N. T. 507; Muff v. Railroad, 22 Mo. App. 584; Benjamin v. Railroad, 133 Mo. 289. (2) The court below erred in permitting witness Dashman to testify to the statement said to have been…
1Opinion of the CourtBurgess, J.
This is an action by plaintiffs (husband and wife) for damages for the negligent hilling of their minor child, Amelia Koenig.
The petition alleges that on May 8, 1899, Amelia Koenig was struck and killed by one of defendant’s street railway cars at the intersection of Arsenal street and Compton avenue, in the city of St. Louis; the incorporation of the defendant and its operation as a street car line; that said Amelia was about six years old, and that the plaintiffs were, respectively, father and mother of said Amelia.
The actionable negligence charged is:
“1. That the defendant was running its…
2Cases cited17 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
- Barker v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Shelton v. Wolf Cheese Co.Supreme Court of Missouri · 1936
- Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1906
22 more not listed; retrieve them via the Exa API.