Reilly v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Monroe Circuit Court. — Hon. Titeo. Brace, Judge. - (1) Mrs. Reilly being tbe wife of ber co-plaintiff was incompetent to testify. 1 Wharton’s Evid., sec. 130 ; Lucas v. Broolcs, 18 Wall. 452; Kelly v. Drew, 12 Allen, 109. (2) Defendant entrusted its switch engine for switching purposes in its yards to its yardmaster.
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Appeal from Monroe Circuit Court. — Hon. Titeo. Brace, Judge. - (1) Mrs. Reilly being tbe wife of ber co-plaintiff was incompetent to testify. 1 Wharton’s Evid., sec. 130 ; Lucas v. Broolcs, 18 Wall. 452; Kelly v. Drew, 12 Allen, 109. (2) Defendant entrusted its switch engine for switching purposes in its yards to its yardmaster. (3) At the time of the injury switch engine No. 13 was not being run upon that business, or any other business of defendant, or under the direction or authority of the yardmaster. (4) Defendant had otherwise reserved all control over its engines while in the yards or…
1Opinion of the Court
Norton,- C. J.
This suit was instituted in the Hannibal court of common pleas by plaintiffs to recover damages for the death of their infant son, aged sixteen months, alleged to have been occasioned by the negligence of defendant in running a switch engine over Collier street in the city of Hannibal. The venue of the cause was changed to Monroe county, where upon a trial plaintiffs had judgment for five thousand dollars* from which the defendant has appealed, and assigns as the chief ground of error the action of the court in refusing to sustain a demurrer to the evidence and in giving and…
2Cases cited13 opinions
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Crane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Marshall v. Thames Fire InsuranceSupreme Court of Missouri · 1869
8 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
- State Upon the Information of McKittrick v. WymoreSupreme Court of Missouri · 1939
- Davis v. . R. R.Supreme Court of North Carolina · 1904
- Millhouser v. Kansas City Public Service Co.Supreme Court of Missouri · 1932
31 more not listed; retrieve them via the Exa API.