Newell v. Dickinson
Missouri Court of Appeals
Appeal from the Circuit Court of St. Louis County.— Hon. John W. McElhmney, Judge. (1) Defendants’ instruction, in the nature of a de-, murrer to the evidence, requested at the close of plaintiff’s case, should have been given by the court because: (a) There is_ no evidence, positive or inferential, that plaintiff’s deceased husband was upon the track, lying, standing or sitting, for a time prior to the injury, sufficiently long for either actual or constructive sight by…
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Appeal from the Circuit Court of St. Louis County.— Hon. John W. McElhmney, Judge. (1) Defendants’ instruction, in the nature of a de-, murrer to the evidence, requested at the close of plaintiff’s case, should have been given by the court because: (a) There is_ no evidence, positive or inferential, that plaintiff’s deceased husband was upon the track, lying, standing or sitting, for a time prior to the injury, sufficiently long for either actual or constructive sight by persons in charge of the train, and when it was at a distance sufficiently great to have enabled those in charge of the…
1Opinion of the Court
Plaintiff brings this action to recover damages for the death of her husband, alleged to have been negligently killed by a locomotive operated by the defendant, the Chicago, Rock Island Pacific Railway Company. Plaintiff had judgment below for two thousand dollars and defendants have appealed.
The petition alleges, inter alia, that deceased was struck and killed by said locomotive while walking eastwardly on the railway track; that there was a habitual user for many years of the track by the public, at the place of the accident, with the forbearance and consent of said railway company; and…
2Cases cited5 opinions
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Ahnefeld v. Wabash RailroadSupreme Court of Missouri · 1908
- Hamilton v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1913
- Baecker v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Starks v. LuskMissouri Court of Appeals · 1916
3Cited by3 opinions
- Allen v. Chicago, Rock-Island & Pacific Railway Co.Missouri Court of Appeals · 1932
- Brown-Scott v. DavisMissouri Court of Appeals · 1925
- Burns v. Joyce and WaltersMissouri Court of Appeals · 1942