Brockschmidt v. St. Louis & Meramec River Railroad
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — ILon. H. W. Johnson, Judge. The court erred in refusing to take the case away from the jury at the close of the plaintiff’s case and at the conclusion of all the evidence, because the proof showed conclusively that the deceased was guilty of such gross contributory negligence as to bar a recovery.
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Appeal from St. Charles Circuit Court. — ILon. H. W. Johnson, Judge. The court erred in refusing to take the case away from the jury at the close of the plaintiff’s case and at the conclusion of all the evidence, because the proof showed conclusively that the deceased was guilty of such gross contributory negligence as to bar a recovery. Davies v. Railroad, 159 Mo. 6; Evans v. Railroad, 178 Mo. 512; Tanner v. Railroad, 161 Mo. 497; Engleking v. Railroad, 187 Mo. 158; Wheat v. St. Louis, 174, 579; Clancy v. Railroad, 192 Mo. 652; Ries v. Railroad, 179 Mo. 1; Deane v. Railroad, 192 Mo. 575;…
1Opinion of the CourtFox, P. J.
This cause is now pending before this court upon appeal by the defendant from a judgment rendered in the circuit court of St. Charles county, Missouri. This suit was originally instituted in the circuit court of St. Louis on the eleventh day of September, 1902. The cause was removed upon the application of the plaintiff to St. Charlés county, where it was finally tried at the February term of said court.
This is an action in which the plaintiff is seeking to recover of the defendant five thousand dollars as a statutory penalty for the wrongful killing of her husband. The plaintiff’s petition…
2Cases cited9 opinions
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Davies v. People's Railway Co.Supreme Court of Missouri · 1900
- Clancy v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Tanner v. Missouri Pacific RailroadSupreme Court of Missouri · 1901
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3Cited by5 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Van Dyke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Nivert v. Wabash RailroadSupreme Court of Missouri · 1911
- Melton v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Melton v. St. Louis Public Service Co.Supreme Court of Missouri · 1952