Dlauhi v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The court erred in admitting the evidence offered by plaintiff relative to the distance at which an engine bell could be heard from the Fillmore street crossing. Marcott v. Railroad, 49 Mich. 102; Hurt v. Railroad, 94 Mo. 260 ; Brown v. Road Co., 89 Mo. 153; Rosenheim v. Ins.
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Appeal from St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. (1) The court erred in admitting the evidence offered by plaintiff relative to the distance at which an engine bell could be heard from the Fillmore street crossing. Marcott v. Railroad, 49 Mich. 102; Hurt v. Railroad, 94 Mo. 260 ; Brown v. Road Co., 89 Mo. 153; Rosenheim v. Ins. Co., 33 Mo. 236; Rose v. Bank, 91 Mo. 403; Weil v. Posten, 77 Mo. 288. (2) The court erred in overruling defendant’s demurrers to plaintiff’s evidence and to the whole case. (3) The court erred in refusing to give the instructions asked by…
1Opinion of the CourtGantt, P. J.
This is an action in which plaintiff, a Toy fourteen years old, sues for damages sustained by Mm, from one of the trains of defendant, on the thirteenth of July, 1887. The petition charges negligence in the running of the train ; the failure to have a watchman at the crossing of Fillmore street when the accident happened as required by ordinance; the failure to ring the bell as required by statute and city ordinance. Answer, general denial and plaintiff’s contributory negligence.
*648The evidence shows that plaintiff lived in the block between Fillmore and Elwood streets in St. Louis, near the…
2Cases cited16 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
- State Ex Rel. Fleming v. BlandSupreme Court of Missouri · 1929
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Pyle v. ClarkCourt of Appeals for the Eighth Circuit · 1897
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
6 more not listed; retrieve them via the Exa API.