White v. St. Louis & Meramec River Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — -New. Walter B. Douglas, Judge. (1) The court erred in overruling defendant’s motion to require plaintiff to elect whether she would stand upon common law negligence or ordinance negligence, because both inconsistent assignments of negligence could not properly be joined in the same count.
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Appeal from St. Louis City Circuit Court. — -New. Walter B. Douglas, Judge. (1) The court erred in overruling defendant’s motion to require plaintiff to elect whether she would stand upon common law negligence or ordinance negligence, because both inconsistent assignments of negligence could not properly be joined in the same count. Clancy v. Railroad, 192 Mo. 640; McHugh v. Railroad, 190 Mo. 85; Behen v. Railroad, 186 Mo. 430. (2) The court erred in refusing to give at the close of plaintiff’s evidence and at the close of all the evidence instructions in the nature of a demurrer to the…
1Opinion of the CourtLamm, J.
Pauline White is the widow of Edward White, who was killed while driving a loaded wagon at half past five o’clock p. m. on the 17th day of January, 1902, by a collision with one of defend-r ant’s street cars in the city of St. Louis. His widow sued and recovered $5,000 statutory damages. After the customary precedent steps, defendant appeals here.
Attending to the pleadings, plaintiff grounds her right of action on the following charges of negligence : First, that while her husband was lawfully driving a two-horse wagon loaded with lumber, north oh Twenty-first street, where it intersects Wash…
2Cases cited14 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Coleman v. City of OaklandCalifornia Court of Appeal · 1930
- Hof v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Grand River Tp., De Kalb County v. Cooke Sales & Serv.Supreme Court of Missouri · 1954
- State Ex Rel. Vogt v. ReynoldsSupreme Court of Missouri · 1922
38 more not listed; retrieve them via the Exa API.