Huckshold v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Iron Circuit Court.— Hon. James D. Fox, Judge. (1) The court erred in refusing to permit the introduction of the testimony of Fred. Huber, taken before the coroner. Hays v. Walker, 2 Mo. 222; Peck v. Richey, 66 Mo. 114; Pruitt «. Martin, 59 Mo. 325; Spoonemore r.
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Appeal from Iron Circuit Court.— Hon. James D. Fox, Judge. (1) The court erred in refusing to permit the introduction of the testimony of Fred. Huber, taken before the coroner. Hays v. Walker, 2 Mo. 222; Peck v. Richey, 66 Mo. 114; Pruitt «. Martin, 59 Mo. 325; Spoonemore r. Cables, 66 Mo. 579. - (2) The court erred in giving the instructions requested by plaintiff, and especially in giving the fourth instruction, without the qualification that said contributory negligence may be disclosed by the testimony for the plaintiff. Stepp v. Railroad, 85 Mo. 230. (3) The demurrer to the evidence…
1Opinion of the Court
Noeton, C. J. —
This suit was instituted by plaintiff to recover damages for the alleged killing of his minor son, on the crossing of Catalan street, in the city of St. Louis, by the negligence of defendant in running its locomotive at an unlawful rate of speed ; in failing to ring the bell of the locomotive at a distance of at least eighty rods from the place where the railroad crosses Catalan street, and keep the same ringing until the locomotive had crossed the street; in running the engine backwards, in the dark, so that its approach could not be seen, without any headlight or other light…
2Cases cited5 opinions
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
- Thompson v. North Missouri Rail RoadSupreme Court of Missouri · 1873
- Johnson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
3Cited by32 opinions
- Pokora v. Wabash Railway Co.Supreme Court of the United States · 1934
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Starr v. Aetna Life InsuranceWashington Supreme Court · 1905
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