Petty v. St. Louis & Meramec River Railroad
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Soto. ■Jno. W. McElhinney, Judge. (1) The court erred in refusing the instruction in the nature of a demurrer to the evidence offered by defendant at the close of the plaintiff’s evidence in chief and at the close of all the evidence, (a) There was no 'evidence of any negligence on the part of defendant, (b) Said instruction should have been given because the evidence shows clearly that the plaintiff was guilty of negligence that…
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Appeal from St. Louis County Circuit Court. — Soto. ■Jno. W. McElhinney, Judge. (1) The court erred in refusing the instruction in the nature of a demurrer to the evidence offered by defendant at the close of the plaintiff’s evidence in chief and at the close of all the evidence, (a) There was no 'evidence of any negligence on the part of defendant, (b) Said instruction should have been given because the evidence shows clearly that the plaintiff was guilty of negligence that directly contributed to the accident. And also that her brother, who was acting as her agent, was guilty of negligence.…
1Opinion of the CourtMarshall, J.
— This is an action for twenty thousand dollars damages for personal injuries sustained by the plaintiff, on November 29, 1899, at the intersection of Longfellow and Plant avenues, in the town of Webster Groves, by reason of a collision between one of defendant’s cars and an open wagon in which the plaintiff and her brother were riding. There was a judgment for the plaintiff for two thousand dollars, and defendant appealed. The negligence charged in the petition is as follows:
“Plaintiff alleges, as the specific facts constituting the said negligence of defendant, that at the time and place of…
2Cases cited10 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1892
- Moberly v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1889
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Phippin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Missouri, K. & T. Ry. Co. v. CollierCourt of Appeals for the Eighth Circuit · 1907
- Heigold v. United Railways CompanySupreme Court of Missouri · 1925
- Lynch v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
7 more not listed; retrieve them via the Exa API.