Watson v. Mound City Street Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The court erred in sustaining the demurrer to plaintiff’s evidence. (2) Even though deceased negligently walked on defendant’s railroad in the middle of a block in front of a moving car, if the motorman saw him, or by the exércise of ordinary care might have seen him in time to have stopped his train before reaching him, and failed to do so, defendant is liable.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The court erred in sustaining the demurrer to plaintiff’s evidence. (2) Even though deceased negligently walked on defendant’s railroad in the middle of a block in front of a moving car, if the motorman saw him, or by the exércise of ordinary care might have seen him in time to have stopped his train before reaching him, and failed to do so, defendant is liable. Moore v. Bailroad, 126 Mo. 277; Hides v. Bailroad, 124 Mo. 122; Sullivan v. Bailroad, 117 Mo. 221; Eichhorn v. Bailroad, 32 S. W. Rep. 993; O’Mellia v.…
1Opinion of the CourtMacfarlane, J.
Defendant operates a line of street railroad in the city of St. Louis, and runs cars thereon by electric power. A part of its line is on Ninth street, which runs north and south. On the evening of November 17, 1892, about half past 5 o’clock, a train consisting of two cars operated by defendant, while running north on Ninth street between Morgan street and Franklin avenue struck and killed John L. Watson. This suit is prosecuted by plaintiff, as the widow of said Watson, to recover the statutory damages for the death of her husband, caused, as alleged, by the negligent management of the cars.
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2Cases cited1 opinion
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
3Cited by25 opinions
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- McGowan v. WellsSupreme Court of Missouri · 1930
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
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