McCarthy v. Cass Avenue & Fair Ground Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Geo. W. Lubiie, Judge, r (1) The court erred in overruling plaintiffs’ challenges for cause directed against jurors Sawyer, Voorhis, Whyte, and Purcell. Each of the jurors named had a disqualifying bias. Sawyer answered that he did have a bias against such a case; that he was prejudiced against all damage cases. There would have to be evidence, i. e., to remove prejudice.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. W. Lubiie, Judge, r (1) The court erred in overruling plaintiffs’ challenges for cause directed against jurors Sawyer, Voorhis, Whyte, and Purcell. Each of the jurors named had a disqualifying bias. Sawyer answered that he did have a bias against such a case; that he was prejudiced against all damage cases. There would have to be evidence, i. e., to remove prejudice. The other jurors were of the same disposition, and juror Purcell, who was foreman of the jury rendering the verdict, stated “that it would require pretty strong evidence to…
1Opinion of the CourtBlack, J.
The plaintiffs are the parents of John McCarthy, an unmarried minor. Their cause of action is based upon alleged negligence in violating an ordinance of the city of St. Louis, by which drivers and conductors of street cars are required to keep a vigilant watch for persons on foot, and especially children, either on the track or approaching the same, and, upon the first appearance of danger to such persons, to stop, in the shortest time and space possible.
The first contention is that the court erred in overruling the plaintiffs ’ challenge to four jurors for cause. The examination of one of…
2Cases cited5 opinions
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- State v. WaltonSupreme Court of Missouri · 1881
- State ex rel. Goldsoll v. Chatham National BankSupreme Court of Missouri · 1883
- Ostertag v. Pacific RailroadSupreme Court of Missouri · 1877
- Montgomery v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
3Cited by18 opinions
- Durham v. StatesTennessee Supreme Court · 1945
- Theobald v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- State v. CunninghamSupreme Court of Missouri · 1889
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