Rafferty v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from, St. Louis City Circuit Court. — Hon. Geo. W. Lubke, Judge. (1) The demurrer to the plaintiff’s evidence should have been sustained. Grows v. Railroad, 67 Me. 100; Broo/cs v. Railroad, 1 Abb.
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Appeal from, St. Louis City Circuit Court. — Hon. Geo. W. Lubke, Judge. (1) The demurrer to the plaintiff’s evidence should have been sustained. Grows v. Railroad, 67 Me. 100; Broo/cs v. Railroad, 1 Abb. App. 211 (25 Barb. 600); McMahan v. Railroad, 39 Md. 438 \ Lewis v. Railroad, 38 Md. 588 ; Railroad v. Moore, 24 N. J. Law, 824; Wilds v. Railroad, 29 N. Y. 315; Gahagan v. Railroad, 1 Allen, 187 ; Rowell v. Railroad, 76 Mo. 82. (2) The demurrer to the whole evidence should have been sustained. Cases cited supra. (3) The court erred in giving the instructions asked by plaintiffs. Wyatt ¶.…
1Opinion of the CourtBlack, J.
The plaintiffs, who are husband and wife, brought this suit to recover statutory damages for the loss of their child, a boy eleven years old, who was run over and killed, by the defendant’s cars, in the city of St. Louis. At the close of the evidence, the defendant prayed for an instruction in the nature of a demurrer to the evidence, which was refused, and this ruling *35of the court necessitates an examination of the pleadings and the evidence. The negligence consists in the violation of an ordinance, which is pleaded, was read in evidence, and is as follows:
"Section 26. It shall not be…
2Cases cited1 opinion
- Merz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
3Cited by6 opinions
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Hutchinson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Grube v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- McTavish v. Great Northern Railway Co.North Dakota Supreme Court · 1899
- Peperkorn v. St. Louis Transfer Railway Co.Missouri Court of Appeals · 1913
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