Ryan v. McCully
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) The court erred it taking the case from the jury. There was some evidence that Ryan’s fall was caused by defendant’s negligence, and where there is any evidence, be it ever so slight, in support of a material issue, it is the duty of the jury alone to determine the weight of such evidence. Kelly v. Railroad, 70 Mo. .608; Barry v. Railroad, 98 Mo. 62; Clay v. Railroad, 24 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. (1) The court erred it taking the case from the jury. There was some evidence that Ryan’s fall was caused by defendant’s negligence, and where there is any evidence, be it ever so slight, in support of a material issue, it is the duty of the jury alone to determine the weight of such evidence. Kelly v. Railroad, 70 Mo. .608; Barry v. Railroad, 98 Mo. 62; Clay v. Railroad, 24 Mo. App. 39. (2) The inference that Ryan was “tilted or thrown off” the beam on which he stood through the sudden dropping of the beam from the…
1Opinion of the CourtBarclay, J.
— This is an action for statutory damages ($5,000) for the death of Thomas Byan.
*639Plaintiff is Ms widow. She charges defendant with causing her husband’s death by negligence.
Defendant’s answer makes a countercharge of contributory negligence on the part of Mr. Ryan; but admits the fact of his death and that he was in the employ of defendant.
The allegations in the petition which indicate the ground of plaintiff’s claim are as follows:
1 ‘Plaintiff states that on the tenth day of December, 1891, her said husband was employed by defendant to assist in erecting the scaffolding for an iron bridge…
2Cases cited3 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Relyea v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Missouri · 1892
- Steffen v. MayerSupreme Court of Missouri · 1888
3Cited by10 opinions
- Graczak v. City of St. LouisSupreme Court of Missouri · 1947
- Hawk v. McLeod Lumber Co.Supreme Court of Missouri · 1901
- Cain v. Humes-Deal Co.Supreme Court of Missouri · 1932
- Fink v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1912
- Wilkerson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
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