Asmus v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.- — Hon. Eugene MeQuillin, Judge. (1) There is no claim made that appellant had not the lawful right to maintain a switch at the place in question, and there being no evidence that the switch used was an unnecessarily dangerous obstruction, plaintiff made no case for the jury. Morie v. Transit Co., 1.16 Mo.
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Appeal from St. Louis City Circuit Court.- — Hon. Eugene MeQuillin, Judge. (1) There is no claim made that appellant had not the lawful right to maintain a switch at the place in question, and there being no evidence that the switch used was an unnecessarily dangerous obstruction, plaintiff made no case for the jury. Morie v. Transit Co., 1.16 Mo. App. 12; Randle v. Railroad, 65 Mo. 835. (2) The switch in question was maintained by authority of law and the consent of the city of St. Louis, and was therefore not a nuisance per se. Porter v. Railroad, 33 Mo. 128; State ex rel. v. Railroad, 206…
1Opinion of the CourtGray, J.
Plaintiff instituted this suit in the circuit, court of the city of St. Louis, on the 18th day of November, 1908, to recover damages alleged to have been sustained by her on account of the death of her husband, which the petition alleges to have been caused by the negligence of the appellant, a street railway company, and the city of St. Louis, in maintaining in Washington avenue, a public street in said city, at its intersection with Fourteenth street, a dangerous obstruction in the form of a switch, which was used by appellant in switching cars from its line on Washington avenue to its…
2Cases cited16 opinions
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
- Tate v. M., K. & T. Railway Co.Supreme Court of Missouri · 1876
- Seibert v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Huff v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1908
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3Cited by3 opinions
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Corte v. St. Louis Public Service Co.Supreme Court of Missouri · 1963
- Asmus v. United Railways Co.Missouri Court of Appeals · 1911