Legal Opinion

Hicks v. Citizens' Railway Co.

Supreme Court of Missouri

Decided July 9, 1894PublishedCited by 21 opinions

Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) The court erred in overruling defendant’s objections to the questions propounded to the medical experts.

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Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) The court erred in overruling defendant’s objections to the questions propounded to the medical experts. Iiuss v. Railroad, 112 Mo. 48. (2) The court erred in not sustaining defendant’s demurrer to the evidence at the close of plaintiffs’ case, and at the close of the entire testimony, and also in not sustaining the motion for a new trial, on the ground that there was no “evidence to support the verdict;” because there was no testimony tending to prove negligence on the part of defendant’s employees, under the pleadings.…

1Opinion of the CourtMacfaklane, J.

This is a suit by plaintiffs, as husband and wife, to recover damages for personal injuries received by the wife, on account of the alleged negligence of defendant’s employees in running and managing a train of its cable cars in the city of St. Louis.

The petition makes the following charge of negligence :

“That said injuries were occasioned by the negligence and lack of care on the part of defendant’s agents and servants while operating defendant’s said cars, in this, that said defendant saw, or by the exercise of reasonable care and foresight might have seen plaintiff’s buggy on its right of…

2Cases cited5 opinions

  1. Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  2. Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
  3. Lynam v. Union Railway Co.Massachusetts Supreme Judicial Court · 1873
  4. Hoag v. New York Central & Hudson River RailroadNew York Court of Appeals · 1888
  5. Wood v. Detroit City Street Railway Co.Michigan Supreme Court · 1884

3Cited by21 opinions

  1. Montgomery v. Lansing City Electric Railway Co.Michigan Supreme Court · 1894
  2. Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
  3. Order of United Commercial Travelers of America v. BarnesSupreme Court of Kansas · 1907
  4. Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1906
  5. Plater v. W. C. Mullins Construction Co.Missouri Court of Appeals · 1929

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