McIntyre v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. A. B. Frey, Judge. (1) The.court erred in overruling the demurrer to the evidence at the close of plaintiff’s case, and in refusing to give the peremptory instruction requested by defendant at the close of the whole case, (a) No actionable negligence was shown.
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Appeal from St. Louis City Circuit Court. — Now. A. B. Frey, Judge. (1) The.court erred in overruling the demurrer to the evidence at the close of plaintiff’s case, and in refusing to give the peremptory instruction requested by defendant at the close of the whole case, (a) No actionable negligence was shown. Baltimore Railroad Co. v. Newell, 196 Fed. 866; Reese v. Railway, 225 Fed. 518; Reese v. Railway, 239 U. S. 463; Hogan v. Railroad, 223 Fed. 890; Ainsley v. Railway, 90 Atl. (Pa.), 129; Pankey v. Railway, 180 Mo. App. 185; Ford v. Dickinson, 217 S. W. (Mo.), 294; Morris v. Pryor, 272 Mo.…
1Opinion of the Court
The plaintiff, as administrator of the estate of Walter Lee Clark, deceased, recovered judgment against the defendant in the Circuit Court of the City of Saint Louis, in the sum of $16,000, damages for the alleged negligent killing of said Clark by the defendant. Clark was employed by defendant as a switchman and according to a stipulation of the parties was engaged in interstate commerce; the suit was brought under the Federal Employers' Liability Act.
Frank C. Mueller Company had a contract with the City of Saint Louis to construct a viaduct along Chouteau Avenue over the railroad tracks of…
2Cases cited29 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Kanawha & Michigan Railway Co. v. KerseSupreme Court of the United States · 1916
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
24 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State Ex Rel. Gott v. Fidelity & Deposit Co.Supreme Court of Missouri · 1927
- Counts v. ThompsonSupreme Court of Missouri · 1949
- Hubbard v. Southern Railway Co.Supreme Court of North Carolina · 1932
- Terminal R. Ass'n of St. Louis v. FitzjohnCourt of Appeals for the Eighth Circuit · 1948
- Hilton v. ThompsonSupreme Court of Missouri · 1950
28 more not listed; retrieve them via the Exa API.