Herke v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (T) Plaintiff’s case being based on mere conjecture, the court erred in not sustaining defendant’s demurrer to the evidence. Sheldon v. Éailroad, 29 Barb. 272; Oglesby v. Railroad, 177 Mo. 295; Moore v. Railroad, 28 Mo. App. 622; Cothron v. Packing Co., 98 Mo. App. 843; Browning v. Railroad, 106 Mo. App. 729; Caudle v. Kirkbride; 121 Mo. App. 92; Hamilton v. Railroad, 128 Mo.
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Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (T) Plaintiff’s case being based on mere conjecture, the court erred in not sustaining defendant’s demurrer to the evidence. Sheldon v. Éailroad, 29 Barb. 272; Oglesby v. Railroad, 177 Mo. 295; Moore v. Railroad, 28 Mo. App. 622; Cothron v. Packing Co., 98 Mo. App. 843; Browning v. Railroad, 106 Mo. App. 729; Caudle v. Kirkbride; 121 Mo. App. 92; Hamilton v. Railroad, 128 Mo. App. 619; Grant v. Railroad, 133 N. Y. 658; Fuchs v. St. Louis, 167 Mo. 620; Warner v. Railroad, 178 Mo. 131; Goransson y. Mfg. Co., 186 Mo. 300; Trigg…
1Opinion of the CourtEllison, J.
Plaintiff is the widow of August H. Herke, who was killed in the State of Kansas, in a collision of one of defendant’s passenger trains with a number of coal cars left standing on the track. She brought this action in this State to recover damages for the death of her husband and recovered judgment for $5250, and defendant prosecuted this appeal.
The deceased was a passenger on the train which was running about thirty miles an hour when it collided with the standing coal cars with such force as to throw some of the cars onto others and to telescope some of the cars in the passenger train,…
2Cases cited6 opinions
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Smart v. Kansas CityMissouri Court of Appeals · 1902
- Jackson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Mulderig v. St. Louis, Kansas City & Colorado RailroadMissouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Glick Ex Rel. McGinty v. Ballentine Produce Inc.Supreme Court of Missouri · 1965
- Fellows v. FarmerMissouri Court of Appeals · 1964
- Silberstein v. BerwaldSupreme Court of Missouri · 1970
- Dorsey v. MuilenburgSupreme Court of Missouri · 1961
- Pijut v. SAINT LOUIS PUBLIC SERVICE COMPANYSupreme Court of Missouri · 1959
3 more not listed; retrieve them via the Exa API.