Graney v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) Under tbe facts of tbis case, instruction numbered 1 was a correct statement of tbe law, and tbe court, therefore, erred in sustaining tbe motion for a new trial on tbe ground that it was not. Tbe deceased, with bis comrades, was at tbe crossing before tbe train. His comrades testified that they saw tbe train approaching, and they all said that it was running very rapidly.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) Under tbe facts of tbis case, instruction numbered 1 was a correct statement of tbe law, and tbe court, therefore, erred in sustaining tbe motion for a new trial on tbe ground that it was not. Tbe deceased, with bis comrades, was at tbe crossing before tbe train. His comrades testified that they saw tbe train approaching, and they all said that it was running very rapidly. It is fair to assume that deceased saw tbe train and that be also knew that it was moving at a rapid rate of speed. Graney et ux. v. Railroad,…
1Opinion of the CourtSherwood, J.
This case has been here before (140 Mo. 89), and is known among the members of the bar of this State, as the “suction case.” It is an action for $5,000 damages for the death of James Graney, the minor son of plaintiffs, alleged to have been caused by his being “drawn or sucked into and under defendant’s train by the force and velocity of said train which was moving at a reckless rate of speed,” etc.
The petition charges that, on the eighteenth day of January, 1891, there were in force three valid ordinances in the city of St. Louis: One prohibiting any car or cars, or *672locomotive propelled by…
2Cases cited15 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Maddox v. MaddoxSupreme Court of Missouri · 1893
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
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3Cited by37 opinions
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Gaddy v. Skelly Oil Co.Supreme Court of Missouri · 1953
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Walker v. Wabash RailroadSupreme Court of Missouri · 1906
- People v. O'BrienCalifornia Court of Appeal · 1932
32 more not listed; retrieve them via the Exa API.