Legal Opinion

Donohue v. St. Louis, Iron Mountain & Southern Railway Co.

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 52 opinions

Appeal from, St. Louis Court of Appeals. (1) The court below committed error in refusing to-sustain the demurrer to tlie evidence at the close of plaintiff’s testimony, Harlan v. Railroad, 65 Mo. 22; Henze v. Railroad, 71 Mo. 636; Purlv.

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Appeal from, St. Louis Court of Appeals. (1) The court below committed error in refusing to-sustain the demurrer to tlie evidence at the close of plaintiff’s testimony, Harlan v. Railroad, 65 Mo. 22; Henze v. Railroad, 71 Mo. 636; Purlv. Railroad, 72 Mo. 168; Johnson v. Railroad, 77 Mo. 551; Turner v. Railroad, 74 Mo. 602 ; Hixon v. Railroad, 80 Mo. 335 ; Oarlin v. Railroad, 37 Iowa, 316 ; O’ Keefe v. Railroad, 32 Iowa, 467. (2) The court erred in giving the instructions asked by plaintiff. O' Keefe v. Railroad, 32 Iowa, 467; Riñe v. Railroad, 88 Mo. 392. (3) The court erred in refusing* to…

1Opinion of the CourtNorton, J.

Plaintiff brought this suit in the circuit court of the city of St. Louis, to recover damages for the death of her husband, alleged to have been killed by the negligence of defendant in running its locomotive, without ringing its bell, at a reckless and unlawful rate of speed, over Dorcas street, in said city. Plaintiff obtained judgment which, on appeal to the St. Louis court of appeals, was affirmed pro forma, from which an appeal is prosecuted to this court.

At the close of plaintiff’s evidence defendant asked an instruction by way of demurrer to it, which was refused, and this action of…

2Cases cited9 opinions

  1. Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
  2. Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
  3. Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
  4. Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
  5. Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881

4 more not listed; retrieve them via the Exa API.

3Cited by52 opinions

  1. Nichols v. Chicago, Burlington & Quincy RailroadSupreme Court of Colorado · 1908
  2. Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
  3. Fike v. Pere Marquette RailroadMichigan Supreme Court · 1913
  4. Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
  5. Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888

47 more not listed; retrieve them via the Exa API.

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