Sherman v. United Railways Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. James E. Withrow, Judge. (1) The court erred in refusing to give the jury an instruction in the nature of a demurrer to the evidence, requested by defendant, for the reason that plaintiff made no showing which entitled him to have the ease submitted to the jury on any theory of negligence pleaded in the .petition.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. James E. Withrow, Judge. (1) The court erred in refusing to give the jury an instruction in the nature of a demurrer to the evidence, requested by defendant, for the reason that plaintiff made no showing which entitled him to have the ease submitted to the jury on any theory of negligence pleaded in the .petition. The evidence did not warrant a recovery under the theory of secondary negligence or the “last chance” doctrine, for the reason that there was no showing made that such alleged negligence was the proximate cause of the…
1Opinion of the CourtAllen, J.
This is an action brought under section 5425, Revised Statutes 1909, to recover damages for the death of plaintiff’s wife, alleged to have been caused by the negligence of the defendant street railway company in the operation of one of its cars in tlie city of St.” Louis. •
The petition, after certain formal allegations, alleges that on April 5, 1915, the defendant operated onb of defendant’s street cars southwardly over its track on North Fourteenth street, in the city of St. Louis, and through the negligence and carelessness of its said agents and servants, operating the same, caused the car…
2Cases cited17 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
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3Cited by1 opinion
- Carney v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1929