Legal Opinion

McGarry v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided May 14, 1889PublishedCited by 8 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. . The court erred in admitting illegal evidence offered by plaintiff, and in excluding legal evidence offered by defendant. Stewart v. Sonneborn, 98 U. S. 195. The court erred in giving to the jury improper and illegal instructions at the instance of the plaintiff. Lenox v. Harrison, 88 Mo. 491; Fitzpatrick v. Railroad, 34 Mo. App. 280 ; Nichols v. Winfrey, 79 Mo. 551; Evans v. Railroad, 16 Mo.

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Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. . The court erred in admitting illegal evidence offered by plaintiff, and in excluding legal evidence offered by defendant. Stewart v. Sonneborn, 98 U. S. 195. The court erred in giving to the jury improper and illegal instructions at the instance of the plaintiff. Lenox v. Harrison, 88 Mo. 491; Fitzpatrick v. Railroad, 34 Mo. App. 280 ; Nichols v. Winfrey, 79 Mo. 551; Evans v. Railroad, 16 Mo. App. 525; Railroad v. Houston, 95 U. S. 703; Beatich,amp v. Higgins, 20 Mo. App. 518. The first instruction given by the…

1Opinion of the CourtRombauer, P. J.

In March, 1886, the plaintiff was in the employ of the defendant as a sheet-iron worker at its machine shops in St. Louis, Missouri.' He was sober, industrious and a good workman, and, prior to the time hereinafter stated, the only complaint his employer had against him was that he took too active an interest in matters concerning his order, the Knights of Labor, to the occasional neglect of his work. The defendant is a railroad corporation and its road forms part of what is known as the Gould Southwestern System of railways.

On March 6, 1886, there was a strike involving many employes of the…

2Cases cited4 opinions

  1. Barron v. MasonSupreme Court of Vermont · 1858
  2. Sharpe v. JohnstonSupreme Court of Missouri · 1882
  3. Sharpe v. JohnstonSupreme Court of Missouri · 1875
  4. Grant v. ReinhartMissouri Court of Appeals · 1888

3Cited by8 opinions

  1. Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
  2. Diel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
  3. Christian v. HannaMissouri Court of Appeals · 1894
  4. Honeycutt v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1890
  5. Lalor v. ByrneMissouri Court of Appeals · 1892

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