Danforth v. Lindell Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. This case came to the court in banc from the first division, upon the following opinion, which states all the facts necessary to a decision of the case, viz: (1) Sections 1245 and 1246, Revised Ordinances, City of St. Louis, Missouri, were competent and material under the pleadings, as proof of a violation of the ordinances was competent evidence in support of the allegation of negligence.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Eisher, Judge. This case came to the court in banc from the first division, upon the following opinion, which states all the facts necessary to a decision of the case, viz: (1) Sections 1245 and 1246, Revised Ordinances, City of St. Louis, Missouri, were competent and material under the pleadings, as proof of a violation of the ordinances was competent evidence in support of the allegation of negligence. Robertson v. Railroad, 84 Mo\ 119; Kelly v. Railroad, 95 Mo. 285; Riley v. Railroad, 18 Mo. App. 385. (2)- Ordinance 15,445, admitted…
1Opinion of the CourtBarclay, J.
— Plaintiffs sue for statutory damages ($5,000) on account of the death of their minor son, occasioned by the alleged negligence of defendant in the operation of its line of street cars in St. Louis.
The answer denies defendant’s negligence and charges plaintiffs and their son with contributory negligence.
That charge was put in issue by a reply.
A trial was had in the circuit court. Upon the submission of plaintiff’s case, the court gave an instruction to the effect that plaintiffs were not entitled to recover under the pleadings and evidence.
Plaintiffs then took a nonsuit with leave,’etc.,…
2Cases cited33 opinions
- Suydam v. WilliamsonSupreme Court of the United States · 1858
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Graham v. BayneSupreme Court of the United States · 1855
- Eswin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- State v. GilmoreSupreme Court of Missouri · 1892
28 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kelly v. ThueySupreme Court of Missouri · 1898
- Ross v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1897
- State v. GartrellMissouri Court of Appeals · 1903
- Hill v. CombsMissouri Court of Appeals · 1902
- Powell v. SherwoodSupreme Court of Missouri · 1901
21 more not listed; retrieve them via the Exa API.