Legal Opinion

Malloy v. St. Louis & Suburban Railway Co.

Supreme Court of Missouri

Decided March 18, 1903PublishedCited by 16 opinions

Appeal from St. Louis City Circuit Court. — Hon. W. B. Douglas, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence offered by defendant at the close of plaintiff’s evidence in chief, and at the close of all the evidence.. The plaintiff in his petition claims that the collision in question .was due to the negligence of the particular agents of defendant in charge of the two cars that collided.

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Appeal from St. Louis City Circuit Court. — Hon. W. B. Douglas, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence offered by defendant at the close of plaintiff’s evidence in chief, and at the close of all the evidence.. The plaintiff in his petition claims that the collision in question .was due to the negligence of the particular agents of defendant in charge of the two cars that collided. He failed to introduce any evidence showing, or tending to show, that the said agents were guilty of any negligence whatever. As plaintiff…

1Opinion of the CourtMarshall, J.

This is an action for damages for personal injuries sustained by the plaintiff, while a passenger on one of the defendant’s cars, near Ramona Park, in St. Louis county, on September 7, 1900, in consequence of a collision between the car upon which plaintiff was riding as such passenger, and .the Kinloch Palace Oar, on which the president of the defendant was riding. The negligence charged in the petition is that the defendant ‘‘ did, by the servants in charge of said car and its servants in charge of another of the cars, so carelessly manage and control said cars as to cause and suffer the…

2Cases cited2 opinions

  1. Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
  2. Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902

3Cited by16 opinions

  1. May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
  2. Mares v. New Mexico Public Service Co.New Mexico Supreme Court · 1938
  3. Magrane v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
  4. Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
  5. Missouri, Kansas & Texas Railway Co. v. ThomasCourt of Appeals of Texas · 1910

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