McPherson v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The plaintiffs ’ own testimony did not make even a prima-faeie case, and the demurrer to the evidence should have been sustained. Wood on Master and Servant, secs. 368, 419; Huffman v. Railroad, 78 Mo. 54. (2) The court committed error in the admission of testimony offered by plaintiffs, against the objection of defendant. Grreenl. on Ev.
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Appeal from St. Louis Court of Appeals. (1) The plaintiffs ’ own testimony did not make even a prima-faeie case, and the demurrer to the evidence should have been sustained. Wood on Master and Servant, secs. 368, 419; Huffman v. Railroad, 78 Mo. 54. (2) The court committed error in the admission of testimony offered by plaintiffs, against the objection of defendant. Grreenl. on Ev. (13 Ed.) p. 491, sec. 440. (3) The .court refused to admit proper and legal testimony offered by defendant. Fowler v. Railroad, 56 Tex. 452. (4) The court erred in giving the instructions numbers one, six and…
1Opinion of the CourtRay, C. J.
This is a suit,by plaintiffs, by next friend, in the circuit court of the city of St. Louis, to recover damages for the death of their father, Charles McPherson, who was killed by the derailment of a passenger train on defendant’s railway near Bismarck, Missouri, while he was in charge of the engine drawing the train as locomotive engineer. The' trial resulted in a verdict and judgment for plaintiffs.
At the conclusion of the evidence in plaintiff’s behalf, an instruction in the nature of a demurrer to the evidence was asked by defendant and was refused by the court, and this action.is the…
2Cases cited6 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Porter v. Pequonnoc Manufacturing Co.Supreme Court of Connecticut · 1845
- Dunham's Appeal from ProbateSupreme Court of Connecticut · 1858
- Chouteau v. Jupiter Iron WorksSupreme Court of Missouri · 1887
- Stoher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- United States Smelting Co. v. ParryCourt of Appeals for the Eighth Circuit · 1909
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
28 more not listed; retrieve them via the Exa API.