McMenamy v. Scullin-Gallager Iron & Steel Co.
Missouri Court of Appeals
Appeal .from- the City of St. Louis Circuit Court. — Hon. Yirgil Buie, Judge. (1) The evidence introduced by plaintiff clearly shows that the death of her husband was caused by his own negligence. The demurrer offered by the defendant at the close of the plaintiff’s case therefore should have been given by the court.
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Appeal .from- the City of St. Louis Circuit Court. — Hon. Yirgil Buie, Judge. (1) The evidence introduced by plaintiff clearly shows that the death of her husband was caused by his own negligence. The demurrer offered by the defendant at the close of the plaintiff’s case therefore should have been given by the court. Sharp v. Railroad, 161 Mo. 214; Cahill v. Railroad, 205 Mo. 898; McCarty v. Hotel Co., 144 Mo. 397; Evans v. Railroad, 178 Mo. 514; Lenix v. Railroad, 76 Mo. 86; Jackson v. Railroad, 104 Mo. 448; Ring v. Railroad, 112 Mo. 230; Kelly v. Railroad, 11 Mo. App. 1; Loring v. Railroad,…
1Opinion of the CourtCox, J.
The errors assigned are that the evidence shows the deceased to have been guilty of contributory negligence, and that demurrer to the testimony should have been sustained. Second, that the court erred in submitting to the jury the question of defendant’s negligence grounded upon its failure to promulgate rules requiring warning to be given of the movements of the cranes on Sunday when men were at work making repairs.
We will look first to the question of deceased contributory negligence. The evidence shows that at the time of this accident it was usual and customary for the workmen, when…
2Cases cited2 opinions
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- Gaska v. American Car & Foundry Co.Missouri Court of Appeals · 1907
3Cited by5 opinions
- Ft. Worth & D. C. Ry. Co. v. StalcupCourt of Appeals of Texas · 1914
- Kobusch v. Ruberoid Co.Supreme Court of Missouri · 1946
- St. Louis, Iron Mountain & Southern Railway Co. v. BakerSupreme Court of Arkansas · 1911
- McMenamy v. Scullingallagher Iron & Steel Co.Missouri Court of Appeals · 1913
- Ft. Worth & D. C. Ry. Co. v. StalcupCourt of Appeals of Texas · 1914