Legal Opinion

Gratiot v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided June 6, 1893PublishedCited by 50 opinions

Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Defendant’s instruction at the close of the whole case in the nature of a demurrer to the evidence, should have been given.

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Appeal from St. Louis City Circuit Court. — Hon. L. B. Yalliant, Judge. (1) Defendant’s instruction at the close of the whole case in the nature of a demurrer to the evidence, should have been given. Zimmerman v. Railroad, 71 Mo. 490; Tarnall v. Railroad, 75 Mo. 583; Moody v. Railroad, 68 Mo. 470; Abbett v. Railroad, 30 Minn. 482; Rogstad v. Railroad, 14 American and English Railroad Cases, 649; Bell v. Rail/road, 72 Mo. 50; Reading v. Railroad, 19 American and English Railroad Cases, 276; Matti v. Railroad, 32 American and English Railroad Cases, 73; Hixonv. Railroad, 80 Mo. 336; Turner v.…

1Opinion of the CourtBurgess, J.

The plaintiff, a physician, aged sixty years, brought this action in the circuit court for the city of St. Louis, to recover damages on account of injuries sustained in a collision with a passenger train on defendant’s railway, at a point where it is crossed by a highway commonly known as Campbell’s road. The accident occurred within the limits of the City of St. Louis, at a point distant from the union depot a little over five and one half miles. From the union depot along the defendant’s railway to the western boundary of the city limits is about eight miles.

By his petition, the respondent…

2Cases cited48 opinions

  1. Railroad Company v. HoustonSupreme Court of the United States · 1878
  2. Schofield v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1885
  3. Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  4. Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
  5. Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882

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3Cited by50 opinions

  1. Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
  2. Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
  3. Fortner v. St. Louis Public Service Co.Supreme Court of Missouri · 1951
  4. Tharp Ex Rel. Tharp v. MonseesSupreme Court of Missouri · 1959
  5. Hines v. PartridgeTennessee Supreme Court · 1920

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

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