Kelly v. Union Railway & Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — ITon. Shepard-Barclay, Judge. (1) The court erred in refusing to instruct the jury as requested by defendant at the close of plaintiff’s case, as well as at the close of the defendant’s case, that plaintiff could not recover. Lenix x. Railroad, 76 Mo. 86; Brain x. Railroad, 10 Mo. App. 531; O'1 Bonnet x.' Railroad, 7 Mo. App. 190; Henze x. Railroad, 71 Mo. 636 ; Fletcher x. Railroad, 64 Mo. 434; Harlan x.
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Appeal from St. Louis City Circuit Court. — ITon. Shepard-Barclay, Judge. (1) The court erred in refusing to instruct the jury as requested by defendant at the close of plaintiff’s case, as well as at the close of the defendant’s case, that plaintiff could not recover. Lenix x. Railroad, 76 Mo. 86; Brain x. Railroad, 10 Mo. App. 531; O'1 Bonnet x.' Railroad, 7 Mo. App. 190; Henze x. Railroad, 71 Mo. 636 ; Fletcher x. Railroad, 64 Mo. 434; Harlan x. Railroad, 65 Mo. 22 ; Zimmerman x. Railroad, 71 Mo. 476 ; Hallihan x. Railroad, 71 Mo. 113 ; Rains x. Railroad, 71 Mo. 164; Nelson x. Railroad, 68…
1Opinion of the CourtNorton, C. J.
This cause was tried in the circuit court of the city of St. Louis, and defendant took an appeal from a judgment rendered in plaintiff’s favor for two thousand dollars to the St. Louis court of appeals, which court rendered a majority opinion affirming the judgment. Judge Rombauer rendered a dissenting opinion, in which he took the grounds that the majority opinion was in conflict with a decision of this court, whereupon the cause was certified to this court, as required by section 6, of the constitutional amendment adopted in 1884.
Defendant interposed an instruction in the nature of a…
2Cases cited11 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- McClanahan v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1902
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
11 more not listed; retrieve them via the Exa API.