Campbell v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — No». John W. Booth, Judge. The court erred in refusing to give the instruction-in the nature of a demurrer to the evidence offered by the defendant at the close of plaintiffs’ evidence in chief, and at the close of all the evidence, (a) The evidence of plaintiffs clearly showed that Howard C. Campbell was guilty of negligence that directly contributed to cause his death.
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Appeal from St. Louis County Circuit Court. — No». John W. Booth, Judge. The court erred in refusing to give the instruction-in the nature of a demurrer to the evidence offered by the defendant at the close of plaintiffs’ evidence in chief, and at the close of all the evidence, (a) The evidence of plaintiffs clearly showed that Howard C. Campbell was guilty of negligence that directly contributed to cause his death. Said evidence clearly showed that if said Campbell had looked in a westerly direction as he approached the tracks he could have seen the car at a distance of two hundred feet,…
1Opinion of the Court
VALLIANT, J. J.
— This is a suit for damages under section 2864, Revised Statutes 1899, for the death of plaintiffs’ minor son which they allege was caused by the negligence of the servants of the defendant in running a car on its railway.
Defendant operates a street railway in ,St. Louis; the accident occurred at a point where defendant’s tracks cross "Whittier street. At that point defendant ’s tracks run east and west, and Whittier street north and south. Plaintiff’s son, who was sixteen years old,, was driving a grocery delivery wagon going south on Whittier street, shortly after six o…
2Cases cited4 opinions
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
3Cited by39 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Law v. GallegherSupreme Court of Delaware · 1938
- Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
- Walker v. Wabash RailroadSupreme Court of Missouri · 1906
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