Matthews v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. ' As lessee, the defendant could not be liable, without notice, or knowledge, of the existence of the nuisance. Pinney v. Berry, 61 Mo. 359; Dickson v. Railroad, 71 Mo. 575; Wayland v. Railroad, 75 Mo. 548. The first instruction given for the plaintiff is erroneous. It takes from the consideration of the jury the finding of the controverted fact whether Brooklyn avenue was a public highway or not.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. ' As lessee, the defendant could not be liable, without notice, or knowledge, of the existence of the nuisance. Pinney v. Berry, 61 Mo. 359; Dickson v. Railroad, 71 Mo. 575; Wayland v. Railroad, 75 Mo. 548. The first instruction given for the plaintiff is erroneous. It takes from the consideration of the jury the finding of the controverted fact whether Brooklyn avenue was a public highway or not. The instruction covers the whole case, and yet omits the question of negligence on the part of the plaintiff, as well as on the part of…
1Opinion of the CourtThompsoh, J.
The plaintiff, a widow, brings this action for the damages which she has sustained through an injury received by her minor son, William, in consequence of being driven, while riding in a wagon, in the city of East St. Louis, Illinois', against a structure composing the approach to the Illinois and St. Louis bridge, alleged to be operated by the defendant. The answer is a general denial, merely. There, was evidence tending to show that an elder brother of the boy, for whose injury this action was brought, named, Michael, was a driver of a baggage wagon of the St. Louis Transfer Company; that…
2Cases cited26 opinions
- Finney v. BerrySupreme Court of Missouri · 1875
- Thomas v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1868
- Heirn v. M'CaughanMississippi Supreme Court · 1856
- Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Dickson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
21 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Leahan v. CochranMassachusetts Supreme Judicial Court · 1901
- McGarr v. National & Providence Worsted MillsSupreme Court of Rhode Island · 1902
- Mennemeyer v. HartSupreme Court of Missouri · 1949
- Patterson v. ThompsonMissouri Court of Appeals · 1955
- Buck v. People's Street Railway, Electric Light & Power Co.Missouri Court of Appeals · 1891
18 more not listed; retrieve them via the Exa API.