Warner v. St. Louis & Meramec River Railroad
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Roto. Jno. W. McEihinney, Judge. (1) The court erred in setting aside the nonsuit and granting plaintiff a new trial, because there was no evidence whatever of any negligence on the part of defendant.
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Appeal from St. Louis County Circuit Court. — Roto. Jno. W. McEihinney, Judge. (1) The court erred in setting aside the nonsuit and granting plaintiff a new trial, because there was no evidence whatever of any negligence on the part of defendant. (2) The court erred in setting aside the nonsuit because even if it were granted, for the purpose of argument, that there was evidence of negligence on the part of defendant’s motorman, there was no evidence whatever, direct or circumstantial, showing any causal connection between such negligence and the death of Warner. It is incumbent upon…
1Opinion of the CourtMarshall, J.
This is an action under the statute to recover five thousand dollars damages for the death of the plaintiff’s husband, Ira B. Warner, on January 22, 1900, on Lockwood avenue, between Gore and Grey avenues, in the town of Webster, alleged to have been caused by being struck and mortally injured by one of defendant’s cars, then being run on the defendant’s street railroad tracks upon said street. The accident occurred between seven and eight o’clock at night, and the petition charges that the night was “quite dark” and the tracks at the point of the accident were “dimly lighted,” and the…
2Cases cited17 opinions
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
12 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- Zafft v. Eli Lilly & Co.Supreme Court of Missouri · 1984
- Rigby Corp. v. Boatmen's Bank and Trust Co.Missouri Court of Appeals · 1986
- Wills v. Berberich's Delivery Co.Supreme Court of Missouri · 1939
- State Ex Rel. City of St. Charles v. HaidSupreme Court of Missouri · 1930
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
75 more not listed; retrieve them via the Exa API.