Legal Opinion

Goff v. St. Louis Transit Co.

Supreme Court of Missouri

Decided December 4, 1906PublishedCited by 9 opinions

Appeal from Gasconade Circuit Court.— Hon. Wm. A. Davidson, Judge. (1) The court erred in refusing to give a demurrer to the evidence asked by defendant at the close of plaintiff’s case1, and also in refusing to give it at the close of the whole case.

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Appeal from Gasconade Circuit Court.— Hon. Wm. A. Davidson, Judge. (1) The court erred in refusing to give a demurrer to the evidence asked by defendant at the close of plaintiff’s case1, and also in refusing to give it at the close of the whole case. Plaintiff introduced no evidence tending to show that the lights were dim or the headlight insufficient at the place of the casualty, or that the motorman was not then at his post, or that he was not then keeping a lookout ahead, or that he failed to give a warning to deceased. Nor did plaintiff introduce the slightest evidence even tending to…

1Opinion of the CourtGantt, J.

This is an action by Ellen Goff, the widow of Patrick Goff, for the negligent killing of said Patrick Goff by the defendant company by a street car operated by the defendant company, on the night of March 12, 1901.

The petition alleged, among other things, that at the time alleged Ferguson avenue, at the place mentioned in the petition, was an open public highway in' St. Louis county, Missouri, and that at said time plaintiff was the lawful wife of Patrick Goff; that on the 12th day of March, 1901, in the evening and whilst it was dark, plaintiff’s husband was lawfully upon Ferguson avenue,…

2Cases cited3 opinions

  1. Winters v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
  2. Rapp v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  3. Scullin v. Wabash RailroadSupreme Court of Missouri · 1904

3Cited by9 opinions

  1. Geist v. MooreIdaho Supreme Court · 1937
  2. Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
  3. Bremer v. St. Paul City Railway Co.Supreme Court of Minnesota · 1909
  4. Powers v. Des Moines City Railway Co.Supreme Court of Iowa · 1909
  5. Powers v. St. Louis Transit Co.Supreme Court of Missouri · 1907

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