Legal Opinion

Eswin v. St. Louis, Iron Mountain & Southern Railway Co.

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 40 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The demurrer to the evidence at the close of plaintiff’s case should have been sustained. Morrissey v. Bailroad, 126 Mass. 377; Powell ». Bailroad, 76 Mo. 80; Lenix v. Bailroad, 76 Mo. 86 ; Taylor v. Bailroad, 86 Mo. 458; Fox v. Bailroad, 85 Mo. 679. (2) The instructions given at the instance of plaintiff and upon the court’s own motion were erroneous.

Read the full summary

Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The demurrer to the evidence at the close of plaintiff’s case should have been sustained. Morrissey v. Bailroad, 126 Mass. 377; Powell ». Bailroad, 76 Mo. 80; Lenix v. Bailroad, 76 Mo. 86 ; Taylor v. Bailroad, 86 Mo. 458; Fox v. Bailroad, 85 Mo. 679. (2) The instructions given at the instance of plaintiff and upon the court’s own motion were erroneous. Damd v. Chicopee, 116 Mass. 93; Johnson v. Bailroad, 125 Mass. 75; Wyatt v. Railroad, 62 Mo. 411. (3) The refusal of defendant’s instruction was error. Zimmerman v.…

1Opinion of the CourtBlack, J.

A train of defendant’s cars, consisting of a locomotive and three freight cars, ran over and killed the plaintiff’s son, a lad between eleven and *293twelve years of age, in the corporate limits of the city of St. Louis. This is a suit by the mother, the father being dead, to recover the statutory penalty of five thousand dollars.

The cause of action stated in the petition is the negligent violation of ordinance number 10,305 in this, that the train was moving at a greater rate of speed than six miles per hour; that the bell on the engine was not sounded ; and that, though the train was backing,…

2Cases cited3 opinions

  1. Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
  2. Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
  3. Keim v. Union Railway & Transit Co.Supreme Court of Missouri · 1886

3Cited by40 opinions

  1. James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
  2. Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  3. Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
  4. Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
  5. Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893

35 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API