Guenther v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. J. E. Wlti-irow, Judge. (1) The demurrers to the evidence should have been sustained. First. The deceased was a trespasser upon the defendant’s tracks, and its servants owed him no duty except that of not wilfully injuring him, and of this there is no evidence. Barlcer v. Railroad, 98 Mo. 50; R. S. 1889, sec. 2611. Second.
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Appeal from St. Louis City Circuit Court. — Hon. J. E. Wlti-irow, Judge. (1) The demurrers to the evidence should have been sustained. First. The deceased was a trespasser upon the defendant’s tracks, and its servants owed him no duty except that of not wilfully injuring him, and of this there is no evidence. Barlcer v. Railroad, 98 Mo. 50; R. S. 1889, sec. 2611. Second. The deceased was guilty of ■ contributory negligence, which continued down to the very moment of the collision, and was the most conspicuous cause in its production. The inexorable principle, however little the impression it…
1Opinion of the CourtThomas, J.
This is the second appeal by defendant in this case. 95 Mo. 286. This record presents substantially the same facts that the former record presented, except that plaintiff offered no evidence as to whether or not the railroad embankment at the point of the accident was within the line of Main street of the *21city of St. Louis, and we refer to the opinion of the court on the first appeal for a statement of the facts and the issues of the case.
On a retrial the court gave the following instruction at the instance of the plaintiff: “The court instructs the jury that, although the deceased Guenther…
2Cases cited3 opinions
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
- LeMay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Guenther v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
3Cited by9 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
- Chamberlain v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Rapp v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Chicago, R. I. & P. Ry. Co. v. CaulfieldCourt of Appeals for the Eighth Circuit · 1894
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