Theobald v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The court erred in overruling defendant’s challenges to jurors Hartman and Bensberg. Billmyer v, Railroad, 108 Mo. App. 6; People v. Reyes, 5 Cal. 347; Ins Co. v. Schueller, 60 Ill. 465; McLaran v. Birdsong, 24 Ga. 365; Doherty v. Lord, 28 N. Y. Supp. 720; Commonwealth v. Brown, 9 Am.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) The court erred in overruling defendant’s challenges to jurors Hartman and Bensberg. Billmyer v, Railroad, 108 Mo. App. 6; People v. Reyes, 5 Cal. 347; Ins Co. v. Schueller, 60 Ill. 465; McLaran v. Birdsong, 24 Ga. 365; Doherty v. Lord, 28 N. Y. Supp. 720; Commonwealth v. Brown, 9 Am. St. Rep. note, p. 744; Const., art. 2, sec. 28. (2) The court erred in refusing to give to the jury defendant’s instruction in the nature of a demurrer, offered at the close of plaintiff’s evidence and renewed at the close of the whole case.…
1Opinion of the CourtMarshall, J.
This is an action for $5,000 damages arising from the death of the plaintiff’s nineteen-year old son, about six o’clock in the afternoon on the 20th of January, 1903, caused by one of the defendant’s cars colliding with the rear of a wagon driven by the deceased, at a point seventy to one hundred fifty feet west of Union avenue on De Giverville avenue, in the city of St. Louis. There was a verdict and judgment for the plaintiff for $5,000, and the defendant appealed.
The negligence charged in the petition is as follows :
“Plaintiff’s state further that said death was caused by the negligence of…
2Cases cited15 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- State v. CunninghamSupreme Court of Missouri · 1889
- State v. BauerleSupreme Court of Missouri · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Lance C. Shockley v. State of MissouriSupreme Court of Missouri · 2019
- State v. McKeeverSupreme Court of Missouri · 1936
- State v. LandSupreme Court of Missouri · 1972
- Moore v. Middlewest Freightways, Inc.Supreme Court of Missouri · 1954
- State v. HollimanMissouri Court of Appeals · 1975
53 more not listed; retrieve them via the Exa API.