Simon v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circnit Court. — Hon. Henry L. McCune, Judge. (1) Instruction 3A, given on behalf of defendant, is the law, was properly given in the first instance, and the court erred in granting a new trial to plaintiff on account of said instruction. Heinzle v. Railroad, 213 Mo. 102; Reno v. Railroad, 180 Mo. 469; Cbrnovski v. Railroad, 207 Mo. 263; Gabriel v. Railroad, 130 Mo.
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Appeal from Jackson Circnit Court. — Hon. Henry L. McCune, Judge. (1) Instruction 3A, given on behalf of defendant, is the law, was properly given in the first instance, and the court erred in granting a new trial to plaintiff on account of said instruction. Heinzle v. Railroad, 213 Mo. 102; Reno v. Railroad, 180 Mo. 469; Cbrnovski v. Railroad, 207 Mo. 263; Gabriel v. Railroad, 130 Mo. App. 651; Boland v. Railroad, 36 Mo. 484; Spillane v. Railroad, 135 Mo. 420. (2) The court erred in refusing to give the peremptory instruction in the nature of a demurrer offered by defendant at the close of…
1Opinion of the CourtGantt, P. J.
This is an appeal from an order of the circuit court of Jaeksoh county granting the plaintiffs a new trial.
The action was for ten thousand dollars, brought by the plaintiffs for the death of their minor daughter. The trial resulted in a verdict for the defendant, and the court set aside the verdict and granted plaintiffs a new trial on the ground that the court erred in giving instruction “number 3A” on behalf of the defendant.
The petition stated that the plaintiffs were husband and wife and respectively the father and mother of Sarah Simon, who was at all times a minor and unmarried; that…
2Cases cited4 opinions
- Reno v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- Cornovski v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Livingston v. Wabash RailroadSupreme Court of Missouri · 1902
- Gabriel v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
3Cited by6 opinions
- Fortner v. St. Louis Public Service Co.Supreme Court of Missouri · 1951
- Turnbow ex rel. Turnbow v. DunhamSupreme Court of Missouri · 1917
- Wagner v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911
- Betty Joe Bowman v. Redding & Co., Inc.Court of Appeals for the D.C. Circuit · 1971
- Betty Joe Bowman v. Redding & Co., Inc.Court of Appeals for the D.C. Circuit · 1971
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