Taylor v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The demurrer at the close of plaintiff’s case should have been sustained, because the plaintiff on her evidence was not entitled to recover. Maher v. Pacific Railroad, 64 Mo. 269, and authorities there cited ; Harlan v. St. C., K. C. & N. Ry. Co., 64 Mo. 480, and authorities there cited; Hallihan v. E. & St. Jo. Ry. Co.y 71 Mo. 113, and authorities there cited ; Lenix v. Mo. Pac. Ry.
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Appeal from St. Louis Court of Appeals. (1) The demurrer at the close of plaintiff’s case should have been sustained, because the plaintiff on her evidence was not entitled to recover. Maher v. Pacific Railroad, 64 Mo. 269, and authorities there cited ; Harlan v. St. C., K. C. & N. Ry. Co., 64 Mo. 480, and authorities there cited; Hallihan v. E. & St. Jo. Ry. Co.y 71 Mo. 113, and authorities there cited ; Lenix v. Mo. Pac. Ry. Co., 76 Mo. 86, and authorities there cited; Powell v. same, 76 Mo. 80. (2) The demurrer at the close of the whole case should have been sustained, because the…
1Opinion of the CourtHenry, C. J.
— This action was originally commenced by the intestate, Margaret Sullivan, to recover the statutory penalty of five thousand dollars for the death of her husband, in 1878, alleged to have been caused by the negligence of the defendant in operating a train of its cars on its track near the union depot in the city of St. Louis. Plaintiff had a judgment, which, on appeal to the St. Louis court of appeals, was affirmed pro forma, and defendant has prosecuted an appeal to this court.
The only witness introduced by plaintiff who saw the collision was Louis C. McKane, and his testimony was to the…
2Cases cited8 opinions
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Wilcox v. Rome, Watertown, & Ogdensburgh RailroadNew York Court of Appeals · 1868
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3Cited by10 opinions
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Hunter v. Montana Central Railway Co.Montana Supreme Court · 1899
- Holland v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1908
- Kreis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- Nelson v. Wabash RailroadMissouri Court of Appeals · 1908
5 more not listed; retrieve them via the Exa API.