Bunyan v. Citizens' Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Tlie court erred in sustaining plaintiff’s motion for a new trial, there being no error in giving and refusing instructions. (2) Plaintiff’s instruction number 4 was properly refused because it was too general in its terms. (3) Plaintiff’s instruction number 1 was properly modified by the court.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) Tlie court erred in sustaining plaintiff’s motion for a new trial, there being no error in giving and refusing instructions. (2) Plaintiff’s instruction number 4 was properly refused because it was too general in its terms. (3) Plaintiff’s instruction number 1 was properly modified by the court. It is the duty of a person of mature years crossing the street upon which there is an approaching train of cars to look and see if the train is coming, and if by his going forward upon the track he puts himself in peril of the…
1Opinion of the CourtMaceablane, J.
This is an action by plaintiffs, as the minor children of John Bunyan, for the death of their father, on account of the negligence, as is alleged, of the employees of defendant in operating one of its trains of cars. The trial resulted in a verdict for defendant, which, on motion of plaintiff, was set aside and a new trial ordered. Erom the order granting a new trial defendant appealed.
The petition charges that John Bunyan was killed on May 24, 1890, by defendant’s cars. The following is the charge of negligence made by the petition: ‘ ‘Plaintiff avers that said accident, whereby said John…
2Cases cited5 opinions
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Fiedler v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
- Hicks v. Citizens' Railway Co.Supreme Court of Missouri · 1894
- Hickman v. Union Depot RailroadMissouri Court of Appeals · 1891
3Cited by44 opinions
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1910
- Mueller v. SchienSupreme Court of Missouri · 1943
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