Hunt v. Missouri Railroad
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. There is no presumption of negligence against a common carrier by reason of the fact that a passenger is injui’ed on its conveyances.— Yerbes v. Packet Co., 7 Mo. App. 267. When the facts as to negligence are clear and undisputed, the court should declare to the jury the inference to be drawn from the facts. — Bell v. Railroad Co., 72 Mo. 41, •58. The court erred in refusing appellant Higgins a separate trial. — Bev.
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Appeal from the St. Louis Circuit Court, Boyle, J. There is no presumption of negligence against a common carrier by reason of the fact that a passenger is injui’ed on its conveyances.— Yerbes v. Packet Co., 7 Mo. App. 267. When the facts as to negligence are clear and undisputed, the court should declare to the jury the inference to be drawn from the facts. — Bell v. Railroad Co., 72 Mo. 41, •58. The court erred in refusing appellant Higgins a separate trial. — Bev. Stats., sect. 8603; Spaulding v. Suss, 4 Mo. App. 551; Col-grove v. Railroad Co., 6 Duer, 430. The court erred in overruling…
1Opinion of the CourtLewis, P. J.
The plaintiff sues under sections 2121 and 2122 of the Revised Statutes, for damages sustained in the killing of her *163husband, while he was riding on a street oar of the defendant corporation. There was a jury verdict for $5,000 in. favor of the plaintiff and judgment accordingly against both the defendants.
The testimony tended to show that defendant Higgins was a contractor for reconstructing the “ Dorris Eow ” of buildings, on the north side of Olive Street in the city of St. Louis. He used in his work a movable derrick, about thirty-eight feet in height, which was placed on the sidewalk and…
2Cited by15 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Clark v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1911
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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