Legal Opinion

Harlan v. St. Louis, Kansas City & Northern Railway Co.

Supreme Court of Missouri

Decided April 15, 1877PublishedCited by 71 opinions

On Motion for Rehearing. The case will be found reported and tbe facts stated in 64 Mo. 480.' I. The prevailing rule in this State is that the question of negligence is peculiarly for the jury, and when- there is any evidence, however slight, to sustain the verdict, this court cannot under the precedents interfere. There was such evidence here. Kennedy v. N. Mo.

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On Motion for Rehearing. The case will be found reported and tbe facts stated in 64 Mo. 480.' I. The prevailing rule in this State is that the question of negligence is peculiarly for the jury, and when- there is any evidence, however slight, to sustain the verdict, this court cannot under the precedents interfere. There was such evidence here. Kennedy v. N. Mo. R. R. Go. 36 Mo. 351; Meyers v. Pacific R.R. 40 Mo. 151; Biddy v. St. Louis R. R. Go. 40 Mo. 506 ; Meyer v. Peoples’ Rwy. 43 Mo. 523 ; Barton v. St. L. I. M. R. R. 52 Mo. 253; Kennadye v. Pacific R. R. 45 Mo. 255 ; Tabor v. Mo. Valley…

1Opinion of the CourtHenry, J.

The motion for rehearing is based upon the following grounds: First—That the court overlooked material facts in the record, showing the peculiar and complicated circumstances surrounding the killing of Harlan, and in overlooking said facts applied a rule of law not otherwise applicable. Second—That the judgment of this court is in direct conflict with the case of Jeff. D. Hicks v. The Pacific *24Railroad 64 Mo. 430, and with other cases heretofore decided by this court.

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The facts which it is assumed were overlooked are, that the accident occurred in a crowded city, where…

2Cases cited3 opinions

  1. Fletcher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
  2. Hicks v. Pacific RailroadSupreme Court of Missouri · 1877
  3. Evans v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876

3Cited by71 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
  2. Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
  3. Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
  4. H. & T. C. R'y Co. v. SympkinsTexas Supreme Court · 1881
  5. Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880

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