McQuade v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The evidence was ample to carry the case to the jury on the question of the negligence of the servants of the defendant operating the car which killed deceased.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The evidence was ample to carry the case to the jury on the question of the negligence of the servants of the defendant operating the car which killed deceased. Murphy v. Railroad, 87 S. W. 947; Klockenbrink v. Railroad, 172 Mo. 689. (2) The court was clearly in error in holding* that when the widow of deceased brought a suit within six months and dismissed it and sued again within a year, she was barred if there was a minor child. Shepard v. Railroad, 3 Mo. App: 553; McNamara v. Stevens, 76 Mo. 331; Barker v. Railroad,…
1Opinion of the CourtBrace, P. J.
This is an action by the widow to recover $5,000 damages fo'r the death of her husband, Michael McQuade, under the provisions of section 2864, Revised Statutes 1899; in which, at the.close of the plaintiff’s evidence, a demurrer thereto was sustained, and the plaintiff took a nonsuit, and from the refusal of the court to set the same aside, she appeals.
The petition is as follows:
“The plaintiff states that she was the lawful wife of Michael McQuade at the time of his death as herein stated. That the defendants are, each, and at the times herein stated were each corporations by virtue of the…
2Cases cited10 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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3Cited by5 opinions
- Waddell v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Woods v. Moffitt.Missouri Court of Appeals · 1931
- Potter v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908