Schloemer v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Warwick Hough, Judge. (1) The physical facts testified to by both plaintiff’s and defendant’s witnesses show conclusively that deceased’s arm could not have come in contact with the northbound car in the manner as described by plaintiff’s witnesses. Payne v. Railroad, 136 Mo. 562; Hook v. Railroad, 162 Mo. 581; Hayden v. Railroad, 124 Mo. 566; Kelsey v. Railroad, 129 Mo. 373; Spero v. Railroad, 102 Mo.
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Appeal from St. Louis City Circuit Court. — How. Warwick Hough, Judge. (1) The physical facts testified to by both plaintiff’s and defendant’s witnesses show conclusively that deceased’s arm could not have come in contact with the northbound car in the manner as described by plaintiff’s witnesses. Payne v. Railroad, 136 Mo. 562; Hook v. Railroad, 162 Mo. 581; Hayden v. Railroad, 124 Mo. 566; Kelsey v. Railroad, 129 Mo. 373; Spero v. Railroad, 102 Mo. App. 250. (2) The court erred in permitting counsel for plaintiff in his cross-examination of defendant’s witness Hawkins to ask said witness if…
1Opinion of the CourtGantt, J.
This is an action by the widow of Joseph Schloemer to recover five thousand dollars as damages caused by the alleged negligence of the defendant, a carrier of passengers, in providing an insufficient railroad and defective appliances whereby said Joseph Schloemer, a passenger on one of defendant’s street cars, was injured and died on the 20th of May, 1903.
*103The petition alleges in substance that the plaintiff was the widow of Joseph Schloemer at the time of his death; that on the 19th of May, 1903, the defendant was a corporation and operating a railway and. cars for the purpose of carrying…
2Cases cited4 opinions
- Columbia & Puget Sound Railroad v. HawthorneSupreme Court of the United States · 1892
- Barton v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1873
- Winters v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1867
- Smith v. St. Louis Transit Co.Missouri Court of Appeals · 1906
3Cited by3 opinions
- Frechin v. ThorntonSupreme Court of Missouri · 1959
- Derrington v. Southern Railway Co.Supreme Court of Missouri · 1931
- Wilson v. St. Louis Transit Co.Supreme Court of Missouri · 1911