Guyer v. Missouri Pacific Railway Co.
Supreme Court of Missouri
' Appeal from Pettis Circuit Court. — Ho». Geo. F. Longan, Judge. (1) It was error to refuse to give defendant’s instruction in the nature of a demurrer to plaintiff’s evidence, at the close of plaintiff’s case.
Read the full summary
' Appeal from Pettis Circuit Court. — Ho». Geo. F. Longan, Judge. (1) It was error to refuse to give defendant’s instruction in the nature of a demurrer to plaintiff’s evidence, at the close of plaintiff’s case. The evidence was so clear, plaintiff’s own evidence, that plaintiff’s husband had been guilty of such negligence as barred her from a recovery, that the court at the close of the case, peremptorily instructed the jury as a matter of law, that he had been so negligent, yet refused to take the ease from the jury. This was error. Vogg v. Railroad, 138 Mo. 172; Stepp v. Railroad, 85 Mo.…
1Opinion of the CourtValliant, J.
Plaintiff’s husband was killed by a locomotive on defendant’s road at a street cross*348ing in Sedalia, and this suit is to recover damages for the injury.
The petition alleges several acts of negligence, viz.: the failure to ring -a hell, running at a rate of speed prohibited by city ordinance, running at a dangerous and reckless speed without warning by bell or whistle, omitting to have an engineer on the engine, or fireman at his place of duty, or any one on the lookout at the end of the tender while backing. It was also alleged that the men in charge of the engine, after they saw or by the…
2Cases cited2 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
3Cited by19 opinions
- Elkin v. St. Louis Public Service Co.Supreme Court of Missouri · 1934
- Green v. Los Angeles Terminal Railway Co.California Supreme Court · 1904
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Walker v. Wabash RailroadSupreme Court of Missouri · 1906
- Maginnis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1916
14 more not listed; retrieve them via the Exa API.