Masterson v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Lío». Jiohn A. Blevins, Judge. (1) (a) Instruction 9 given for defendant is entirely erroneous because it directs a verdict for defendant on the sole fact or finding that- plaintiffs’ son was guilty of negligence in running across the street in front of the car, so close as to prevent the motorman by ordinary care from avoiding striking him.
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Appeal from St. Louis City Circuit Court. — Lío». Jiohn A. Blevins, Judge. (1) (a) Instruction 9 given for defendant is entirely erroneous because it directs a verdict for defendant on the sole fact or finding that- plaintiffs’ son was guilty of negligence in running across the street in front of the car, so close as to prevent the motorman by ordinary care from avoiding striking him. The instruction ignores the issue of defendant’s liability growing out of the facts supporting plaintiff’s allegation that, after the boy was caught by the car, he was dragged an unnecessary distance and thereby…
1Opinion of the Court
In Division One.
VALLIANT, P. J.
Plaintiffs’ son, who was about eleven years old, was struck and killed by one of defendant’s street cars and plaintiffs sue to recover damages under section 2864, Revised Statutes 1899, alleging that the accident was caused by the negligence of defendant’s motorman operating the car. On the trial the verdict of the jury was for the defendant, judgment in accordance with the verdict, and the plaintiffs have appealed.
The petition alleges that while plaintiffs’ son was crossing the street, he accidently stumbled and fell on the track of defendant’s railroad, and…
Also in this document: Per curiam.
2Cases cited1 opinion
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
3Cited by18 opinions
- Raffel v. United StatesSupreme Court of the United States · 1926
- Franklin v. FranklinSupreme Court of Missouri · 1955
- State v. ConwaySupreme Court of Missouri · 1941
- Keeney v. McVoySupreme Court of Missouri · 1907
- Buzard v. GriffinArizona Supreme Court · 1960
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