Tanner v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Scott County Circuit Court. — Now. FrafiJk Kelly, Judge. (1) The trial court should have held under the evidence that even though those in charge of appellants’ train were guilty of some negligence as set out in plaintiff’s petition, yet that Samuel Tanner, deceased, was guilty of such contributory negligence as to bar any right of recovery on the part of respondent.
Read the full summary
Appeal from Scott County Circuit Court. — Now. FrafiJk Kelly, Judge. (1) The trial court should have held under the evidence that even though those in charge of appellants’ train were guilty of some negligence as set out in plaintiff’s petition, yet that Samuel Tanner, deceased, was guilty of such contributory negligence as to bar any right of recovery on the part of respondent. Laun v. Railroad, 216 Mo. 563; Stotler v. Railroad, 204 Mo. 619; Kelsay v. Railroad, 129 Mo. 36.2; Hook v. Railroad, 162 Mo. 569; Huggart v. Railroad, 134 Mo. 673; Kreis v. Railroad, 148 Mo. 321; Railroad v. Railroad,…
1Concurrence
CONCURRING OPINION.
STURGIS, J.
— I concur fully on the question of contributory negligence being one for the jury. On the question of damages, the petition, the evidence admitted and the instructions given are in accord with my views of the proper construction of section 5425, Revised Statutes 1909, and are not in conflict with the .last Boyd case, 249 Mo. 110, 155 S. W. 13), and no question of waiver by failing to make proper objections to the evidence or failure to ask an instruction to separately estimate the penal and compensatory damages is necessary to a proper decision of this case.…
2Cases cited3 opinions
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Harshaw v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1914