Legal Opinion

Wack v. St. Louis, Iron Mountain & Southern Railway Co.

Missouri Court of Appeals

Decided June 3, 1913PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — Hon. William B. Homer, Judge. (1) The evidence in the case was insufficient to authorize a recovery on part of plaintiff, and the court should have so declared. Warner v. Railroad, 178 Mo. 133; Gumm v. Railroad, 145 Mo. App. 339; Green v. Railroad, 192 Mo. 143; Laun v. Railroad, 216 Mo. 579; Waggoner v. Railroad, 152 Mo. App. 179; Smart v. Kansas City, 91 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. William B. Homer, Judge. (1) The evidence in the case was insufficient to authorize a recovery on part of plaintiff, and the court should have so declared. Warner v. Railroad, 178 Mo. 133; Gumm v. Railroad, 145 Mo. App. 339; Green v. Railroad, 192 Mo. 143; Laun v. Railroad, 216 Mo. 579; Waggoner v. Railroad, 152 Mo. App. 179; Smart v. Kansas City, 91 Mo. App. 586; Payne v. Railroad, 136 Mo. 562; Sanguinette v. Railroad, 196 Mo. 466; Swearingen v. Railroad, 221 Mo. 660. (2) Plaintiff’s instruction on the measure of damages was erroneous.…

1Opinion of the CourtNortoni, J.

This is a suit for damages accrued to plaintiff, a widow, under tbe statute on account of tbe wrongful death of her husband through tbe negligence of defendant in omitting to close tbe g;ates at a street crossing on its railroad. Plaintiff recovered, and defendant prosecutes tbe appeal.

It appears plaintiff’s husband was run upon and killed at tbe crossing of Barton street, a public thoroughfare in tbe city of St. Louis, and defendant’s railroad tracks. Tbe petition sets forth and counts upon an ordinance of tbe city requiring railroad companies to install and maintain, at tbe crossings of áll…

2Cases cited25 opinions

  1. Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
  2. Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
  3. Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
  4. Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
  5. Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895

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3Cited by6 opinions

  1. Swigart v. LuskMissouri Court of Appeals · 1917
  2. Yonkers v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1914
  3. Moloney v. United Railways Co.Missouri Court of Appeals · 1914
  4. Rollinson v. LuskMissouri Court of Appeals · 1920
  5. Moore v. DavisMissouri Court of Appeals · 1922

1 more not listed; retrieve them via the Exa API.

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