Rosenkranz v. Lindell Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — EEon. Jacob Klein, Judge. (1) The court' erred in refusing the instruction asked at the close of the plaintiff’s evidence, to the-effect that he was not entitled to recover, for reasons-particularly stated in the brief following. (2) The verdict is against the weight of evidence, and there is-not in the whole record any substantial evidence to support it. For particular reasons see the brief following.
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Appeal from St. Louis City Circuit Court. — EEon. Jacob Klein, Judge. (1) The court' erred in refusing the instruction asked at the close of the plaintiff’s evidence, to the-effect that he was not entitled to recover, for reasons-particularly stated in the brief following. (2) The verdict is against the weight of evidence, and there is-not in the whole record any substantial evidence to support it. For particular reasons see the brief following. (3) There was contributory negligence in the plaintiff’s case, and it became more apparent at the close of defendant’s evidence. See reasons in brief…
1Opinion of the CourtMacfarlan, J.
This action was brought by plaintiff, a minor, by his next friend, against the defendant, a horse-car railroad company in St. Louis, to recover damages for injuries received on the sixteenth day of February, 1888, by the alleged negligence of the defendant.
The charge of negligence made in the petition was, in substance, that the plaintiff was knocked down and run over by one of defendant’s cars, and horse attached thereto, while the plaintiff was crossing Chouteau avenue, at a point where said avenue passes house number 2313; that he was seriously and permanently injured thereby, and that he…
2Cases cited6 opinions
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Whalen v. St. Louis, Kansa City & Northern RailwaySupreme Court of Missouri · 1875
- Davis v. Central RailroadSupreme Court of Georgia · 1878
- Grogan v. Broadway Foundry Co.Supreme Court of Missouri · 1885
- Houston & Great Northern Railroad v. MillerTexas Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Betts Co. v. HancockSupreme Court of Georgia · 1912
- Cross v. SharaffaMassachusetts Supreme Judicial Court · 1933
- Atlantic Coast Line Railroad Company v. GaneyDistrict Court of Appeal of Florida · 1960
29 more not listed; retrieve them via the Exa API.