Humbird v. Union Street Railway Co.
Supreme Court of Missouri
Appeal from Buchancm Circuit Cowt. — Hon. O. M. Spenoer, Judge. (1) The petition charged that the defendant’s servant was guilty of negligence in two particulars: First, in failing t-o keep a sharp lookout in the direction in which he was driving. Second, in driving the horses attached to said car at a high and unreasonable rate of speed.
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Appeal from Buchancm Circuit Cowt. — Hon. O. M. Spenoer, Judge. (1) The petition charged that the defendant’s servant was guilty of negligence in two particulars: First, in failing t-o keep a sharp lookout in the direction in which he was driving. Second, in driving the horses attached to said car at a high and unreasonable rate of speed. Plaintiff was entitled to go to the jury on both these items of negligence, and it was error for the court to refuse to give to the jury the plaintiff’s seventh instruction. ..(2) The giving of defendant’s-first instruction was certainly error. The…
1Opinion of the CourtBrace, J.
This is an action by the parents for damages for the death of their minor son Lewis, aged ■eight years, hilled by the defendant’s cars in which there was a verdict for the defendant, and the plaintiffs appeal.
The cause of action is thus stated in the petition: “Plaintiffs further state that on the - day of November, 1888, while Lewis Humbird was running and •attempting to run across the defendant’s sidetrack or turn-out at or near the intersection of Sixth and Scott ■streets in said city of St. Joseph, one of the defendant’s •servants then and there in charge of a street car with horses…
2Cited by5 opinions
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- Dougherty v. Kansas City & Independence Rapid Transit RailwaySupreme Court of Missouri · 1895
- Day v. Citizens Railway Co.Missouri Court of Appeals · 1899