Rogers v. McCune
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas'. This was an action brought by Rogers, to recover damages for the sinking of the steamboat Archer, of which he was owner, by a collision with the-steamboat Die Vernon, of which the defendant was part owner. The issue made by the pleadings was, whether the collision was occasioned by the negligence of the officers and crew of the Die Vernon or of the Archer.
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Appeal from St. Louis Court of Common Pleas'. This was an action brought by Rogers, to recover damages for the sinking of the steamboat Archer, of which he was owner, by a collision with the-steamboat Die Vernon, of which the defendant was part owner. The issue made by the pleadings was, whether the collision was occasioned by the negligence of the officers and crew of the Die Vernon or of the Archer. The collision occurred about one o’clock in the morning of November 27, 1851, at a point in the Mississippi river, a few miles above the mouth of the Illinois, opposite the upper part of…
1Opinion of the CourtScott, Judge
This being a case in which there is a verdict, our task is limited to the examination of the instructions given and refused,- and to the points of evidence raised on the trial. Although the rules by which we are governed restrain us from inquiring into *567the correctness of the verdict on the mere facts, yet we.,cannot suppress the opinion that there is ample evidence in the record to sustain the finding of the jury.
Upon the whole case, the custom in regard to signals by bells was made, by the instructions given for the defence, to assume a greater importance than it merited. Although there was…
2Cited by12 opinions
- Bynote v. National Super Markets, Inc.Supreme Court of Missouri · 1995
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- State Ex Rel. Kurz v. BlandSupreme Court of Missouri · 1933
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
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