Holwerson v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) On the whple evidence in this case, the verdict of the jury was right, and therefore the appellant is entitled to have its appeal sustained and the order for a new trial vacated. Ittner v. Hughes, 133 Mo. 689; Vogg v. Railroad,. 138 Mo. 180..
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Appeal from St. Louis City Circuit Court. — Hon. John M. Wood, Judge. (1) On the whple evidence in this case, the verdict of the jury was right, and therefore the appellant is entitled to have its appeal sustained and the order for a new trial vacated. Ittner v. Hughes, 133 Mo. 689; Vogg v. Railroad,. 138 Mo. 180.. (2) The evidence shows that the deceased’s negligence was contemporaneous with his being struck by defendant’s car, and was “the immediate, direct and proximate cause of the injury,” and that this is not a case of the prior negligence of the deceased, the effect of which could have…
1Opinion of the CourtMarshall, J.
Appeal by defendant from an order granting the plaintiff a new trial, after a verdict for the defendant, the reason assigned for granting the new trial being error of law in giving instructions for the defendant.
The petition alleges that Andrew Holwerson, the plaintiff’s husband, was run over and killed on August 6, 1892, by one of defendant’s electric cars, at the corner of Lucas avenue and Fourteenth street in St. Louis. The petition first charges common-law negligence, and second, the violation of a general ordinance of that city which requires motor*221men and conductors of street cars to…
2Cases cited34 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- Insurance Co. v. BoonSupreme Court of the United States · 1877
- Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
29 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Altman v. AronsonMassachusetts Supreme Judicial Court · 1919
- Weber v. PinyanCalifornia Supreme Court · 1937
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1910
- Letner v. StateTennessee Supreme Court · 1927
48 more not listed; retrieve them via the Exa API.