Wencker v. Missouri, Kansas & Texas Railway Co.
Supreme Court of Missouri
Appeal from Warren Circuit Court. — 'Ron. E. M. Ruches, Judge. (1) Tbe demurrer to the evidence should have been overruled, (a) Though the facts are undisputed, if different men might honestly draw' different conclusions from them, the case should be left to the jury. Thompson on Trials, sec. 1663; Railroad v. Stout, 11 Wall. 663; Brink v. Railroad, 11 Mo.
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Appeal from Warren Circuit Court. — 'Ron. E. M. Ruches, Judge. (1) Tbe demurrer to the evidence should have been overruled, (a) Though the facts are undisputed, if different men might honestly draw' different conclusions from them, the case should be left to the jury. Thompson on Trials, sec. 1663; Railroad v. Stout, 11 Wall. 663; Brink v. Railroad, 11 Mo. App. 194; Tully v. Railroad, 41 Atl. 1019; Heppel v. Railroad, 51 N. W. 1049; Wyatt v. Railroad, 55 Mo. 485 ; Norton v. Ittner, 56 Mo. 351; Stoddard v. Railroad, 65 Mo. 514; Railroad v. Van Stenburg, 11 Mich. 99; Wilkins v. Railroad, 101…
1Opinion of the CourtBurgess, J.
— This is an action by plaintiff, the mother of Roy Wencker, deceased, a minor, to recover from defendant the statutory penalty of $5,000 for his death, *597which she alleges was occasioned by the negligence of defendant in the management of its train which ran upon and killed him.
The accident happened at the village of Augusta, St. Charles county, Missouri, where the track of defendant’s railroad runs east and west. The depot is on the north side of the track. During the five years immediately preceding the day in question, the plaintiff had furnished daily lunches to trainmen of the Missouri,…
2Cited by12 opinions
- Carr v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Giles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- Forsythe v. Shryack-Thom Grocery Co.Supreme Court of Missouri · 1920
- Ransom v. Union Depot Co.Missouri Court of Appeals · 1910
- Etchison v. LuskMissouri Court of Appeals · 1917
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