McGrath v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The demurrer to the evidence should have been sustained, (a) Plaintiff’s husband was guilty of negligence defeating a recovery. Davies v. Railroad, 159 Mo. 1; Evans v. Railroad, 178 Mo. 504; Wheat v. St. Louis, 179 Mo. 572; Clancy v. Railroad, 192 Mo. 615. (b) Defendant was not negligent in the manner charged, and if it was negléct in any respect, such negligence was not a proximate cause of the injury.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The demurrer to the evidence should have been sustained, (a) Plaintiff’s husband was guilty of negligence defeating a recovery. Davies v. Railroad, 159 Mo. 1; Evans v. Railroad, 178 Mo. 504; Wheat v. St. Louis, 179 Mo. 572; Clancy v. Railroad, 192 Mo. 615. (b) Defendant was not negligent in the manner charged, and if it was negléct in any respect, such negligence was not a proximate cause of the injury. Hook v. Railroad, 162 Mo. 569; Murray v. Railroad, 176 Mo. 189; Haller v. St. Louis, 176 Mo. 606; Haley v. Railroad; 179…
1Opinion of the CourtGraves, J.
Maria McGrath brings this action to recover $5,000 for the death of her husband, James McGrath. Defendant is an incorporated street railway company in the city of St. Louis. McGrath was, on the day of the accident, and for some time prior thereto, employed by defendant as a track-repairer or laborer upon its tracks.
The petition states two grounds of negligence, as follows:
“That on the 17th day of October, 1901, the plaintiff’s husband was in the service of the defendant, repairing its tracks, and making alterations and improvements therein, at or near the intersection of Eighteenth street and…
2Cases cited8 opinions
- Benedick v. PottsCourt of Appeals of Maryland · 1898
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Leslie v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by93 opinions
- Pennsylvania Railroad v. ChamberlainSupreme Court of the United States · 1933
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Glowacki v. North Western Ohio Ry. & Power Co.Ohio Supreme Court · 1927
- Jennings Buick, Inc. v. City of CincinnatiOhio Supreme Court · 1980
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
88 more not listed; retrieve them via the Exa API.