Blyston-Spencer v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». J. Hugo Grimm, Judge. (1) The court erred in overruling defendant’s challenges of jurors Marshall, Metzner, Orr, Penseneau and Hennessy, on the ground that each of them had served on a jury in said court within twelve months next preceding the trial of this case. Williamson v. Transit Co., 202 Mo. 365; R. S. 1909, sec. 7342. (2) The court erred in giving to the jury plaintiff’s second instruction.
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Appeal from St. Louis City Circuit Court. — No». J. Hugo Grimm, Judge. (1) The court erred in overruling defendant’s challenges of jurors Marshall, Metzner, Orr, Penseneau and Hennessy, on the ground that each of them had served on a jury in said court within twelve months next preceding the trial of this case. Williamson v. Transit Co., 202 Mo. 365; R. S. 1909, sec. 7342. (2) The court erred in giving to the jury plaintiff’s second instruction. Negligent speed and the humanitarian doctrine are inconsistent theories. Krehmever v. Transit Co., 223 Mo. 650; Hough v. Car Co., 123 S. W. 83. (3)…
1Opinion of the CourtNixon, P. J.
I. Appellant at the outset assigns as error the action of the trial court in overruling appellant’s .challenges of jurors Marshall, Metzner, Orr, Penseneau and Hennessy, on the ground that each, of said jurors had served on a jury within twelve *126months next preceding the trial of this case. The evidence showed that each of these jurors had been summoned to come* to court and serve for one week, beginning on Monday of the week in which this case was tried, and that they had sat upon juries during the week subsequent to the Monday when they began to serve, but that they had not sat upon any jury…
2Cases cited21 opinions
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Macke v. ByrdSupreme Court of Missouri · 1895
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hancock v. CrouchMissouri Court of Appeals · 1954
- Duncan v. PinkstonSupreme Court of Missouri · 1960
- Kaiser v. United Railways Co.Missouri Court of Appeals · 1911
- Turney v. United Railways Co.Missouri Court of Appeals · 1911
- Smart v. Wabash RailroadMissouri Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.