Beier v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Robert M. Foster, Judge. (1) A verdict will not Ibe allowed to stand which rests upon a charge of negligence not sustained hy the evidence. Dowell v. Guthrie, 99 Mo. 662; Murray v. Railroad, 101 Mo. 240; O’Malley v. Railroad, 113 Mo. 325; Pueschell v. Wire Works, 79 Mo. App. 464; Markowitz v. Railroad, 186 Mo. 350; Engleking v. Railroad, 187 Mo. 164; Zumault v. Railroad, 175 Mo. 288; Oicardi v. Railroad, 108 Mo.
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Appeal from St. Louis City Circuit Court. — Now. Robert M. Foster, Judge. (1) A verdict will not Ibe allowed to stand which rests upon a charge of negligence not sustained hy the evidence. Dowell v. Guthrie, 99 Mo. 662; Murray v. Railroad, 101 Mo. 240; O’Malley v. Railroad, 113 Mo. 325; Pueschell v. Wire Works, 79 Mo. App. 464; Markowitz v. Railroad, 186 Mo. 350; Engleking v. Railroad, 187 Mo. 164; Zumault v. Railroad, 175 Mo. 288; Oicardi v. Railroad, 108 Mo. App. 462. There must be evidence to show that the car could have been stopped after the danger of a collision became apparent. Zurfluh…
1Opinion of the CourtLamm, J.
On December 23,1903, plaintiff recovered judgment for $9,000' in an action for damages sounding in tort, and defendant prosecuted its appeal, raising no question on the amount of damages, but assigning for error the giving of instructions for plaintiff, the refusal of its own peremptory instruction and the exclusion and admission of testimony.
Plaintiff was injured and his wagon and harness destroyed on the 21st of December, 1901, toward high twelve of that day, by the alleged negligence of defendant, a street railway company, and the charging part of his petition, in one paragraph, is as…
2Cases cited7 opinions
- Dunn v. DunnakerSupreme Court of Missouri · 1885
- Clancy v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Fearey v. O'NeillSupreme Court of Missouri · 1899
- Schafstette v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- State v. BurksSupreme Court of Missouri · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Delay Ex Rel. Delay v. WardSupreme Court of Missouri · 1953
- Jones v. Central States Oil Co.Supreme Court of Missouri · 1942
- State Ex Rel. Spears v. McCullenSupreme Court of Missouri · 1948
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Woelfle v. Connecticut Mutual Life InsuranceMissouri Court of Appeals · 1938
20 more not listed; retrieve them via the Exa API.