Higgins v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Robert M. Foster, Judge. (1) The court erred in refusing to instruct the jury at the conclusion of plaintiff’s case in chief that under the pleadings and the evidence their verdict should be for defendant, and that plaintiff was not entitled to recover.
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Appeal from St. Louis City Circuit Court. — Now. Robert M. Foster, Judge. (1) The court erred in refusing to instruct the jury at the conclusion of plaintiff’s case in chief that under the pleadings and the evidence their verdict should be for defendant, and that plaintiff was not entitled to recover. The jury should have been instructed that plaintiff was not entitled to recover because the proof showed that the injury to deceased, from which he died, was brought about and occasioned by his own negligence; there was no evidence in the record that defendant was guilty of any negligence on…
1Opinion of the CourtGraves, J.
Action by wife for the alleged wrongful killing of her husband. Plaintiff is the widow of John Higgins, who was seriously injured at about 6:20 p. m. on the 4th day of November, 1901, by a car, operated by defendant, colliding with a wagon driven by deceased. From the injuries thus received, Higgins died some three days later. In the lower court plaintiff had judgment for $5,000 and defendant appealed; hence, .the controversy here.
Defendant is a street railway corporation and at *306the time was operating a donble-track railway on "Wash street in the city of St. Louis. West-bound cars ran upon…
2Cases cited3 opinions
- Schmidt v. St. Louis RailroadSupreme Court of Missouri · 1901
- Drolshagen v. Union Depot RailroadSupreme Court of Missouri · 1905
- Meeker v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1903
3Cited by25 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- White v. MontoyaNew Mexico Supreme Court · 1942
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
- Blue Bar Taxicab & Transfer Co. v. HudspethArizona Supreme Court · 1923
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