Kleiber v. People's Railway Co.
Supreme Court of Missouri
Appeal from Si. Louis City Circuit Court. — Hon. Gf. W. Lubke, Judge, (1) The trial court erred in refusing this defendant’ s instruction of nonsuit, offered at the close of all-the evidence. There was absolutely no evidence of negligence on the part of this defendant or any of its employes. Under the facts, as shown by the testimony, the case should not have been submitted to the jury.
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Appeal from Si. Louis City Circuit Court. — Hon. Gf. W. Lubke, Judge, (1) The trial court erred in refusing this defendant’ s instruction of nonsuit, offered at the close of all-the evidence. There was absolutely no evidence of negligence on the part of this defendant or any of its employes. Under the facts, as shown by the testimony, the case should not have been submitted to the jury. MascheTc v. Railroad, 71 Mo. 276; Jaolcson v. Hardin, 83 Mo. 175; Hunt v. Railroad, 89 Mo. 607 ; Holman v. Railroad, 62 Mo. 562 ; Railroad v. Wallen, 65 Tex. 568. (2) The court erred in not setting aside the…
1Opinion of the CourtMacfarlane, J.
Plaintiff sued the defendants, the People’s Railway Company and the Missouri. Pacific Railway Company, jointly for $10,000. damages-on account of personal injuries alleged to have been, sustained by her, by reason of their negligence.
In June, 1887, the date of plaintiff’s injuries, the-defendant street railway company operated a horse-car-line of street railroad along Fourth street, in the city of St. Louis, and defendant, the Missouri Pacific Railroad Company operated a steam railroad along Poplar-street and across Fourth street. At the Poplar street crossing of Fourth street, the steam…
2Cases cited5 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Pennsylvania Co. v. StegemeierIndiana Supreme Court · 1889
- Mobile & Montgomery Rail Road v. AshcraftSupreme Court of Alabama · 1872
- Galena & Chicago Union R. R. v. FayIllinois Supreme Court · 1855
- Siegrist v. ArnotSupreme Court of Missouri · 1885
3Cited by44 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- Stack v. General Baking Co.Supreme Court of Missouri · 1920
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Simpson v. WellsSupreme Court of Missouri · 1922
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