Cuccio v. Terminal Railroad Ass'n
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. 1 —Hon. Wilson A. Taylor, Judge. (1) The deceased was guilty of such contributory negligence as a matter of law that the plaintiff was not entitled to recover. Wilds v. Railroad. 24 N. Y. 430; Coyle v. Railroad, 77 N. IÍ. 604; L. S.'& M. S. Ry. v. Franz, 127 Pa.
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Appeal from the Circuit Court of the City of St. Louis. 1 —Hon. Wilson A. Taylor, Judge. (1) The deceased was guilty of such contributory negligence as a matter of law that the plaintiff was not entitled to recover. Wilds v. Railroad. 24 N. Y. 430; Coyle v. Railroad, 77 N. IÍ. 604; L. S.'& M. S. Ry. v. Franz, 127 Pa. St. 279; Lenix v. Railroad, 76 Mo. 86; Stepp v. C. R. I. & P. Ry.,’ 87 Mo. 229; York v. K. C, C. & S. Ry., 117 Mo. 405; Mockowik v. Railroad, 196 Mo. 550; Miller v. Railroad/4 Fed. 768. The rule that the negligence of the plaintiff which contributes to the cause of the injury…
1Opinion of the CourtBecker, J.
This is an action for damages for the death of plaintiff’s husband alleged to have resulted from the negligence of the defendants. The case was tried before a judge and jnry, a verdict in the sum of $3000 resulting in favor of plaintiff and against the defendants. From a judgment rendered thereon the defendants appeal.
The petition as filed was against the United Railways Company of St. Louis, Terminal Railroad Association, and Edward B. Pryor, as receiver for the Wabash- Railroad Company. It will not be necessary to notice either the pleadings or the evidence in so far as it refers to the…
2Cases cited5 opinions
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- State v. Boston & Maine RailroadSupreme Judicial Court of Maine · 1888
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
- Yonkers v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1914
- Wills v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908
3Cited by1 opinion
- Rawie v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1925