Peters v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from City of St. Louis Circuit Court. — Row. Robert M. Foster, Judge. (1) Tlie court erred in refusing to give defendant’s instruction in tlie nature of a demurrer to tlie evidence as to the first count of plaintiff’s petition. Strottman v. Railroad, 211 Mo. 227; Gayle v. Foundry Co., 177 Mo. 427. (2) The court erred in refusing to give defendant’s instruction in the nature of a demurrer to the evidence as to the second count of plaintiff’s petition.
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Appeal from City of St. Louis Circuit Court. — Row. Robert M. Foster, Judge. (1) Tlie court erred in refusing to give defendant’s instruction in tlie nature of a demurrer to tlie evidence as to the first count of plaintiff’s petition. Strottman v. Railroad, 211 Mo. 227; Gayle v. Foundry Co., 177 Mo. 427. (2) The court erred in refusing to give defendant’s instruction in the nature of a demurrer to the evidence as to the second count of plaintiff’s petition. (1) Prying the car along on the switch track was “running, conducting or managing” the car, within the meaning of the Act of 1905,…
1Opinion of the CourtGray, J.
The plaintiff instituted this suit in the circuit court of the City of St. Louis, March 15, 1907, to recover damages from defendant on account of the death of William W. Peters, husband of plaintiff. Peters, who was a car repairer in the employ of defendant, on January 8, 1907, while walking between two tracks in the yards of the defendant in said city, was killed by being struck by a number of telegraph poles which fell from a car being moved on one of the tracks. The poles had been taken from a car that had "become out of order, and loaded on another car, for the purpose of being carried to…
2Cases cited29 opinions
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
- Frandsen v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1873
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Casey v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Chicago, St. Paul & Fond du Lac Railroad v. McCarthyIllinois Supreme Court · 1858
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3Cited by9 opinions
- Herzog v. MittlemanOregon Supreme Court · 1937
- Williamson v. Southwestern Bell Tel. Co.Supreme Court of Missouri · 1954
- Armbruster v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Liberty Highway Co. v. CallahanOhio Court of Appeals · 1926
- Duncan v. EvansOhio Court of Appeals · 1937
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