Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Warren Circuit Co%vrt. — Hon. W. W. Edwabds, Judge. (1) The court erred in admitting the testimony of plaintiff and his witness, Otten, regarding the action of other persons in crossing the train in question before his injury, and of said witness, Otten, regarding the absence of a flagman at the crossing. (2) The court erred in excluding the deposition of Frank Furley offered by defendant, which had been taken by plaintiff and filed in this case.
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Appeal from Warren Circuit Co%vrt. — Hon. W. W. Edwabds, Judge. (1) The court erred in admitting the testimony of plaintiff and his witness, Otten, regarding the action of other persons in crossing the train in question before his injury, and of said witness, Otten, regarding the absence of a flagman at the crossing. (2) The court erred in excluding the deposition of Frank Furley offered by defendant, which had been taken by plaintiff and filed in this case. Schmick v. Noel, 64 Texas, 406. (3) The court erred in overruling defendant’s demurrers to the evidence interposed at the close of…
1Opinion of the CourtBurgess, J.
This is a suit by William Schmitz, a minor nine years old, by his next friend, Anton Schmitz, to recover damages for personal injuries caused by the negligence of the defendant in operating its cars upon Lesperance street crossing in the city of St. Louis. It was brought in the circuit court of the city of St. Louis, and thereafter taken by change of venue to Warren county circuit court. It was tried before a jury, and resulted in a verdict and judgment of $5,708 for plaintiff.
*261The petition, or that part of it which is before this court for consideration, is as follows:
“Now comes the plaintiff…
2Cases cited16 opinions
- Thurber v. . Harlem B., M. F.R.R. Co.New York Court of Appeals · 1875
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Rosenkranz v. Lindell Railway Co.Supreme Court of Missouri · 1891
11 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Barber Asphalt Paving Co. v. UllmanSupreme Court of Missouri · 1897
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Missouri, O. & G. Ry. Co. v. CollinsSupreme Court of Oklahoma · 1915
38 more not listed; retrieve them via the Exa API.