Stanley v. Union Depot Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action against Heman Construction Company, and the proof made did not make a prima facie case against the Heman Construction Company.
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Appeal from St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action against Heman Construction Company, and the proof made did not make a prima facie case against the Heman Construction Company. Hudson v. Railroad, 14 S. W. Rep. 20; 1 Shearman & Redfield on Negligence, secs. 25, 26 and 96. (2) The court did not properly instruct the jury on the measure of damages, and instruction number 1 given by the court is erroneous. (3) Instruction number 2 given by tbe court is erroneous, improper and misleading. (4)…
1Opinion of the CourtOantt, P. J.
This is an action of E. B. Stanley and wife for damages for killing their minor son, Edward W. Stanley, on June 25, 1890.
The petition alleges that plaintiffs are husband and wife; that Edward W. was the minor son, about seven years old; that each of the defendants are corporations organized under the laws of this state, the city of St. Louis being a municipal corporation, and the Union Depot Railroad Company and the Heman Construction Company business corporations; that Twelfth street was, prior to the twenty-fifth of June, 1890, one of the public highways of the city of St. Louis; that on…
2Cases cited2 opinions
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Wilkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
3Cited by18 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Rogers v. RogersSupreme Court of Missouri · 1915
- Van Bibber v. Swift & Co.Supreme Court of Missouri · 1921
- Johnson v. ChapmanWest Virginia Supreme Court · 1897
- Daneschocky v. SiebleMissouri Court of Appeals · 1917
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