Wilkins v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Sí. Louis City Cireuit Court. — Hon. Daniel Dillon, Judge. This action is to recover damages under the statute for the death of plaintiff’s husband, who was killed in St. Louis at the Lesperance street crossing of defendant’s railroad by alleged negligence in operating the latter. The issues for trial arose upon a general denial of the petition.
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Appeal from Sí. Louis City Cireuit Court. — Hon. Daniel Dillon, Judge. This action is to recover damages under the statute for the death of plaintiff’s husband, who was killed in St. Louis at the Lesperance street crossing of defendant’s railroad by alleged negligence in operating the latter. The issues for trial arose upon a general denial of the petition. The facts of the relationship of the plaintiff and the death of the husband were admitted, but, as an important issue arose on a refused instruction in the nature of a demurrer to the evidence, it will be proper to briefly outline the…
1Opinion of the CourtBarclay, J.
The theory on which the circuit court submitted the cause to the jury is best exhibited by the instructions given, which were these, viz.:
*101FOE PLAINTIFF
“1. The court instructs the jury that it was the duty of the defendant’s flagman, and its agents and servants, in the management of its locomotive and train under their charge, to exercise reasonable care and precaution, to prevent any injury to persons upon the tracks of defendant, and any failure on their part to exercise such care and precaution would be such negligence as to make the defendants liable for any injury to plaintiff’s husband…
2Cases cited1 opinion
- Correll v. B. C. R. & M. R. R. Co.Supreme Court of Iowa · 1874
3Cited by17 opinions
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Dickson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- State Ex Rel. Kansas City Public Service Co. v. ShainSupreme Court of Missouri · 1939
- Francis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1895
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