Walsh v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from 81. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The demurrer to the evidence by defendant should have been sustained, and the refusal thereof was error. Moore v. Railroad, 28 Mo. App. 622 ; Shertle v. Railroad, 97 Pa.
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Appeal from 81. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The demurrer to the evidence by defendant should have been sustained, and the refusal thereof was error. Moore v. Railroad, 28 Mo. App. 622 ; Shertle v. Railroad, 97 Pa. St. 450; Railroad v. Strohm, 96 N. Y. 305; Curtis v. Railroad, 18 N. Y. 541; Filer v. Railroad, 49 N. Y. 45; Ciarte v. Brown, 18 Wend. 229; Lincoln v. Railroad, 23 N. Y. 425, 435; Williams v. Railroad, 9 S. W. Rep. 577. (2) The instructions given by the court, at the instance of plaintiffs, and on' his own motion, were, erroneous. See cases cited under…
1Opinion of the CourtBlack, J.
— The plaintiffs are the minor children of Patrick Walsh. They prosecute this suit by their next friend to recover damages for the death of their father, who, it is alleged, was injured by the negligence of defendant, and that he died from the injuries so received.
The cause of action is based upon an alleged negligent violation of an ordinance of the city of St. Louis, limiting the rate of speed of cars and locomotives propelled by steam to not exceeding six miles per hour.
The petition states that Walsh was in bed at a house near the corner of the Levee and Poplar street; that an engine and…
2Cases cited2 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
3Cited by27 opinions
- Johnson v. Southern Pacific R.R. Co.California Supreme Court · 1908
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- City of Kansas City v. OxleySupreme Court of Missouri · 1979
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Pratt v. ConwaySupreme Court of Missouri · 1899
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