Peters v. Lusk
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Son. George H. Shields, Judge. (1) The demurrer to the evidence should have been sustained, and the peremptory instruction reguest-ed by defendants at the close of all the evidence should have been given. On the undisputed facts disclosed by the record, deceased, at the time and place of the accident, was guilty of negligence directly contributing to his death.
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Appeal from the Circuit Court of the City of St. Louis. —Son. George H. Shields, Judge. (1) The demurrer to the evidence should have been sustained, and the peremptory instruction reguest-ed by defendants at the close of all the evidence should have been given. On the undisputed facts disclosed by the record, deceased, at the time and place of the accident, was guilty of negligence directly contributing to his death. This, under all the authorities, bars a recovery; Yandeventer v. Railway,— Mo. —, 177 S. W. 834; Burnett v. Railroad, 172 Mo. App. 51; Farris v. Railroad, 167 Mo. App. 392;…
1Opinion of the CourtBecker, J.
— This is an action brought by the administrator of the estate of William O. Peters, deceased, to recover damages for the death of the said Peters under section 5425, Revised Statutes of Missouri, 1909. Upon trial- a verdict and judgment resulted for plaintiff in the sum of $3500 and defendants appeal.. Peters’ regular occupation was that of railroad brakeman. He was thirty years old and unmarried. One week prior to his death Peters had gone to Valley Park, Missouri, from' St. Louis, having obtained temporary employment for a week in some factory. There is testimony that on Saturday October…
2Cases cited4 opinions
- Stauffer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- Fritz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Williams v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1914
- Meierhoff v. United Railways Co.Missouri Court of Appeals · 1915
3Cited by2 opinions
- Fernandez v. Mutual Life InsuranceMissouri Court of Appeals · 1935
- Keeney v. WellsMissouri Court of Appeals · 1924