Legal Opinion

Casey v. St. Louis Transit Co.

Supreme Court of Missouri

Decided February 15, 1905PublishedCited by 8 opinions

Appeal from St. Louis City Circuit Court. — Ho». S. P. Spencer, Judge. The verdict was not against the weight of the evidence. There was no evidence to sustain a verdict for the plaintiffs in this case. The evidence of the negro woman, Alice Reed, and the man, John Miller, given in its widest scope, could not entitle the plaintiffs to a verdict.

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Appeal from St. Louis City Circuit Court. — Ho». S. P. Spencer, Judge. The verdict was not against the weight of the evidence. There was no evidence to sustain a verdict for the plaintiffs in this case. The evidence of the negro woman, Alice Reed, and the man, John Miller, given in its widest scope, could not entitle the plaintiffs to a verdict. If the evidence of Miller means anything, it means that the Casey hoy was knocked off the car he was on by being struck by the passing car. ITow he got in that position is not explained. Nothing that Miller said tends to sustain a single allegation of…

1Opinion of the CourtBrace, P. J.

— The plaintiffs are husband and wife, and this action is brought by them to recover the statutory damages of $5,000 for the death of their minor son, John R. C. Casey, who, on the twenty-fourth of November, 1901, while a passenger on one of defendant’s cars going west, was struck and killed by one of defendant’s cars going east. There was a verdict for the defendant, and, thereafter, the court sustained plaintiffs ’ motion for a new trial, on the ground that the verdict is against the weight of the evidence, and the defendant appealed.

The undisputed facts are that the deceased was a…

2Cited by8 opinions

  1. Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
  2. Bussiere v. SaymanMissouri Court of Appeals · 1913
  3. Leavea v. Southern Railway Co.Missouri Court of Appeals · 1913
  4. Higgins v. HigginsSupreme Court of Missouri · 1912
  5. Hopkins v. City of SpringfieldMissouri Court of Appeals · 1912

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