Ginnochio v. Illinois Central Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The court erred, in overruling defendant’s demurrer to the evidence, (a) Because the plaintiff’s evidence show that the death of the deceased was caused by his own negligence in failing to look out for approaching trains, as it is the duty of section hands to do when working upon a track where they know trains are liable to pass and because defendant violated no duty which it owed deceased.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The court erred, in overruling defendant’s demurrer to the evidence, (a) Because the plaintiff’s evidence show that the death of the deceased was caused by his own negligence in failing to look out for approaching trains, as it is the duty of section hands to do when working upon a track where they know trains are liable to pass and because defendant violated no duty which it owed deceased. Davies v. Railroad, 159 Mo. 1; Evans v.'Railroad, 178 Mo. 512; Wheat v. Railroad, 179 Mo. 572; Clancy v. Railroad, 192 Mo. 615;…
1Opinion of the CourtNortoni, J.
This is a suit for damages alleged to have accrued to plaintiff, administrator, for the use and benefit of the widow of his deceased, under the wrongful death statute of the State of Illinois. Plaintiff recovered a judgment in the amount of $5000' and defendant prosecutes the appeal.
Before looking into the merits of the controversy, it is essential to first dispose of a matter preliminary to the right of the court to review the appeal. It is argued by plaintiff that as defendant’s abstract of the record on file here omits to recite the fact of the judgment given against it in the court below…
2Cases cited16 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Morton ex rel. Richardson v. Supreme Council of the Royal LeagueMissouri Court of Appeals · 1903
- Ray County Savings Bank v. HuttonSupreme Court of Missouri · 1909
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
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3Cited by7 opinions
- Sterling v. Parker-Washington Co.Missouri Court of Appeals · 1914
- Wade v. BooneMissouri Court of Appeals · 1914
- Martini v. Oregon-Washington R. & N. Co.Oregon Supreme Court · 1914
- Ginnocchio v. Illinois Central RailroadSupreme Court of Missouri · 1915
- Humphreys v. DavisUtah Supreme Court · 1923
2 more not listed; retrieve them via the Exa API.