Koerner v. St. Louis Car Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Robert M. Foster, Judge. It was stated by tbe court when the demurrer to the evidence was argued that tbe court believed tbe switchman and plaintiff to be fellow-servants and for that reason the demurrer to the evidence was sustained. This fact does not appear in the instruction of the court.
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Appeal from St. Louis City Circuit Court. — Now. Robert M. Foster, Judge. It was stated by tbe court when the demurrer to the evidence was argued that tbe court believed tbe switchman and plaintiff to be fellow-servants and for that reason the demurrer to the evidence was sustained. This fact does not appear in the instruction of the court. (1) Plaintiff was entitled to have his case submitted to the jury on the theory that the act of the switchman in giving the signal to start the dummy without having taken all of the usual precautions and without giving* the warning which his duty required…
1Opinion of the CourtGantt, C. J.
Tbis is an action for damages for personal injuries commenced in the circuit court of tbe city of St. Louis. At tbe close of tbe plaintiff’s case, tbe circuit court gave a peremptory instruction to find for tbe defendant and a verdict was accordingly returned. After an unsuccessful motion for a new trial, tbe cause was appealed to tbis court.
The petition alleges tbe incorporation of tbe defendant, and charges that it was engaged in tbe business of manufacturing street cars, and in carrying on its business it maintained large sheds, yards and railroad tracks, both in tbe yards and in tbe…
2Cases cited20 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
15 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
- Bender v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1925
- Hutchinson v. Richmond Safety Gate Co.Supreme Court of Missouri · 1912
- Goodwin v. Missouri Pacific RailroadSupreme Court of Missouri · 1934
- Johnson v. Waverly Brick & Coal Co.Supreme Court of Missouri · 1918
47 more not listed; retrieve them via the Exa API.