Lynch v. St. Joseph & Iowa Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Coua-t. — Hon. O. M. Spencer, Judge. (1) The petition does not plead that the accident resulted from a violation of the city ordinance; hence, it was error for the court to instruct on such ordinance. (2) So it was error to so instruct under the evidence in the case.
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Appeal from Buchanan Circuit Coua-t. — Hon. O. M. Spencer, Judge. (1) The petition does not plead that the accident resulted from a violation of the city ordinance; hence, it was error for the court to instruct on such ordinance. (2) So it was error to so instruct under the evidence in the case. Bishop - on Non-Contract Law, sec. 436;, Whitaker’s Smith on Negligence, p. 1; Cooley on Torts, p. 630; Brown v. Railroad, 49 Mich. 153. (3) The unreasonable doctrine has never been held by this court; in fact it has been uniformly held that the only duty which a railroad company owes to the…
1Opinion of the CourtThomas, J.
Plaintiff recovered judgment in the circuit court of Buchanan county in February, 1889, for $5,000 for killing her husband, and the defendant appeals.
I. The first point urged by defendant for reversal of the judgment is that the plaintiff’s petition fails to state facts sufficient to constitute a cause of action. No objection to the petition was made in the court *604below prior to the verdict, except to the introduction of any evidence because the petition wholly failed to state a cause of action. The petition alleges that at the time of her husband’s death, which occurred inside the limits of…
2Cases cited6 opinions
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- McDermott v. ClaasSupreme Court of Missouri · 1890
- Whitson v. City of FranklinIndiana Supreme Court · 1870
- Fiedler v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
- Merz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
- People's Bank v. ScalzoSupreme Court of Missouri · 1895
- Robinson v. LevySupreme Court of Missouri · 1909
- Fearons v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1904
- Lemser v. St. Joseph Furniture Manufacturing Co.Missouri Court of Appeals · 1897
7 more not listed; retrieve them via the Exa API.