Spotts v. Wabash Western Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cou/rt. Statutoey action by the widow of Mr. Win. B. Spotts to recover damages for Ms death, occasioned by alleged negligence of defendant. Verdict and judgment for plaintiff. Defendant appealed. The material facts are stated in the opinion. (1) Upon the undisputed testimony in this case the court should have instructed the jury to find for the defendant, as no negligence on the part of defendant’s servants was proved.
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Appeal from St. Louis City Circuit Cou/rt. Statutoey action by the widow of Mr. Win. B. Spotts to recover damages for Ms death, occasioned by alleged negligence of defendant. Verdict and judgment for plaintiff. Defendant appealed. The material facts are stated in the opinion. (1) Upon the undisputed testimony in this case the court should have instructed the jury to find for the defendant, as no negligence on the part of defendant’s servants was proved. Sjogren v. Hall, 53 Mich. 274; Loftus v. Terry Go., 84 N. Y. 455; Moore v. Railroad, 28 Mo. App. 622; Railroad v. Shartle, 97 Pa. St. 450;…
1Opinion of the CourtBarclay, J.
Mrs. Spotts, the plaintiff, recovered statutory damages ($5,000) in the circuit court for the killing of her husband, and the defendant has appealed against that judgment.
The ground of the action, as indicated by the petition,, is, shortly, that Mr. Spotts met his death by reason of negligent movements and handling of defendant’s cars, and of its failure to observe city ordinances requiring the engine bell tO‘ be. rung while cars are moving; that a man be stationed on top of the car farthest from the engine of any backing train, etc.
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*383The defense put in issue the charges of negligence, and…
2Cases cited1 opinion
- Mooney v. Connecticut River Lumber Co.Massachusetts Supreme Judicial Court · 1891
3Cited by6 opinions
- Carner v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1936
- DeBolt v. Kansas City, Fort Scott & Memphis Railway Co.Supreme Court of Missouri · 1894
- Lovell v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1906
- Hudgens v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909
- Nelson v. Wabash RailroadMissouri Court of Appeals · 1908
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