Holland v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Row. Henry M. Barney, Judge. The demurrer offered to the evidence of plaintiff, by the defendant, should have been sustained for the following reasons: First. There was not a particle of evidence which tended to show that the train which struck Holland was running in excess of five miles an hour at the time he was killed. Second.
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Appeal from Buchanan Circuit Court. — Row. Henry M. Barney, Judge. The demurrer offered to the evidence of plaintiff, by the defendant, should have been sustained for the following reasons: First. There was not a particle of evidence which tended to show that the train which struck Holland was running in excess of five miles an hour at the time he was killed. Second. There was not a syllable of evidence offered tending to show the bell of the locomotive was not being rung when Holland was struck. Harlan v. Railroad, 64 Mo. 480; Taylor v. Railroad, 86 Mo. 462; Purl v. Railroad, 72 Mo. 171;…
1Opinion of the Court
BURGESS, J. —
This suit was instituted by plaintiff to recover the statutory penalty of five.’ thousand dollars for the death of her husband, John Holland, who was killed by one of defendant’s engines through the alleged negligence of defendant’s servants in operating said engine.
The deceased was run over and killed on February 25, 1904, about 8:10 p. m., by one of defendant’s engines attached to a passenger'train going south on Fifth street, in the city of St. Joseph. This street ran north and south, and the Burlington Railway Company had its tracks laid thereon for a distance of seven or…
2Cases cited17 opinions
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Laun v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Talley v. BuchananSupreme Court of Missouri · 1945
- Iman v. Walter Freund Bread Co.Supreme Court of Missouri · 1933
- Spelman v. DelanoMissouri Court of Appeals · 1914
6 more not listed; retrieve them via the Exa API.