Kreis v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jefferson Oirouit Court. — Host. JóhN M. Wood, Special Judge. (1) There was no evidence authorizing a submission of this- case to the jury, and the instructions in the nature of demurrers, asked by defendant, ought to have been given.
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Appeal from Jefferson Oirouit Court. — Host. JóhN M. Wood, Special Judge. (1) There was no evidence authorizing a submission of this- case to the jury, and the instructions in the nature of demurrers, asked by defendant, ought to have been given. In none of the eases cited below do the facts show such recklessness upon the part of the injured person as is disclosed in this case, and in all of them it was held that the contributory negligence of the injured person prevented a recovery. Maxey v. Railroad, 118 Mo. 1; Stanley v. Railroad, 114 Mo. 606; Prewitt v. Eddy, 115 Mo. 283; Jackson v.…
1Opinion of the Court
SHEEWOOB), J.
Action for damages for death of wife caused by coming into collision with a railroad train; trial, with the usual result, necessitated an appeal by defendant company.
This cause has been here before, 131 Mo. 533. It came up then on appeal of plaintiff because the trial court set aside the verdict and granted a new trial to defendant. In ■concluding an opinion which affirmed the judgment of the lower court, it was observed: “The motion for a new trial must have been sustained upon the ground of the insufficiency of the evidence to support the verdict; and in sustaining the motion…
2Cases cited14 opinions
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Weigman v. St. Louis, Iron Mountain & Southern RailwaySupreme Court of Missouri · 1909
- Gumm v. Kansas City Belt Railway Co.Missouri Court of Appeals · 1910
- Asphalt & Granitoid Construction Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Fanning v. St. Louis Transit Co.Missouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.