Schmidt v. St. Louis Railroad
Supreme Court of Missouri
Appeal from St. Louis Oity Circuit Court. — Hon. James E. Withbow, Judge. (1) Tbe court erred in commenting, in the presence and hearing of the jury, on the testimony of Minnie Hartung, a witness for plaintiff, while said witness was being examined at the trial. State v. Breeden, 58 Mo. 507; Hair v. Little, 28 Ala. 236; State v. Meagher, 49 Mo. App. 571; G-reenl. on Ev.
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Appeal from St. Louis Oity Circuit Court. — Hon. James E. Withbow, Judge. (1) Tbe court erred in commenting, in the presence and hearing of the jury, on the testimony of Minnie Hartung, a witness for plaintiff, while said witness was being examined at the trial. State v. Breeden, 58 Mo. 507; Hair v. Little, 28 Ala. 236; State v. Meagher, 49 Mo. App. 571; G-reenl. on Ev. (Redfield’s Ed.), sec. 462; Green v. Cochran, 43 la. 545. (2) The court erred in giving defendant’s instruction numbered 8, because it does not state the law. Jones v. Jones, 57 Mo. 138; McCormick v. Monroe, 64 Mo. App. 197; 2…
1Opinion of the CourtValliant, J.
This is an appeal from a judgment upon a verdict for defendant in a suit brought by plaintiffs to recover damages for the death of their daughter aged nine years who was run over by a street car of defendant and killed in St. Louis, November 15, 1893.
The petition alleges that at the time defendant was operating a cable street railroad along Broadway under *274license from the city, which reserved the right to regulate the running of cars and their rate of speed and that there was then an ordinance of the city in force, which provided: “The conductor and gripman or other person in charge of any…
2Cited by27 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Doyle v. BurnsSupreme Court of Iowa · 1904
- McCulley v. AndersonNebraska Supreme Court · 1929
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