Cornovski v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Row. R. W. Johnson, Judge. Instruction 1, given for plaintiffs, is erroneous, (a) It is so worded as to direct the jury to find for plaintiffs if they believe the car could have been stopped after the deceased child started to cross the street and before she was struck, thereby assuming that she was in a position of danger the moment she started to cross, instead of leaving that question to the jury to determine as an issue of fact,…
Read the full summary
Appeal from St. Charles Circuit Court. — Row. R. W. Johnson, Judge. Instruction 1, given for plaintiffs, is erroneous, (a) It is so worded as to direct the jury to find for plaintiffs if they believe the car could have been stopped after the deceased child started to cross the street and before she was struck, thereby assuming that she was in a position of danger the moment she started to cross, instead of leaving that question to the jury to determine as an issue of fact, (b) It did not require the jury to find that defendant’s negligence was the proximate cause of the injury. Harper v.…
1Opinion of the CourtLamm, J.
Plaintiffs, husband and wife, the parents of Esther Cornovski (the said Esther having been *267run over and killed by one of defendant’s cars on the evening of the 18th of March, 1903, in the city of St. Louis), sued defendant for statutory damages as for her wrongful death, and recovered a judgment for $5,-000. Perfecting an appeal on due and seasonable steps, defendant brings the cause here for review.
One of the charges of negligence related to a negligent failure to put in motion and drop the fender on the car, as provided in a city ordinance. This charge was taken from the jury by…
2Cases cited4 opinions
- Czezewzka v. Benton-Bellefontaine Railway Co.Supreme Court of Missouri · 1894
- Harper v. St. Louis Merchants Bridge Terminal Co.Supreme Court of Missouri · 1905
- Livingston v. Wabash RailroadSupreme Court of Missouri · 1902
- Levin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1897
3Cited by17 opinions
- Hamre v. CongerSupreme Court of Missouri · 1948
- Chawkley v. Wabash Railway Co.Supreme Court of Missouri · 1927
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Connole v. East St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1937
- Herrell v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
12 more not listed; retrieve them via the Exa API.