Neville v. St. Louis Merchants Bridge Terminal Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John. A. Tally, Judge. At the close of plaintiffs’ testimony the court should have instructed the jury to find for defendant as requested by it. The plaintiff has two theories upon which he claims that the evidence shows the manner- of the death of young Neville, as follows: First.
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Appeal from St. Louis City Circuit Court. — Hon. John. A. Tally, Judge. At the close of plaintiffs’ testimony the court should have instructed the jury to find for defendant as requested by it. The plaintiff has two theories upon which he claims that the evidence shows the manner- of the death of young Neville, as follows: First. That the engineer, as he came into the grounds of the National Stock Yards, in order to slow up the train, put the brakes on his engine, and finding that the train would stop too soon, released the brakes, causing the slack to be taken up; and that young Neville, who…
1Opinion of the CourtMarshall, J.
This is an action for damages for personal injuries, resulting in death, to "William C. Neville, a minor, sixteen years old, at the National Stock Yards, in East St. Louis, Illinois. The suit is brought by the father of the deceased, for the benefit of the next of kin. The Hlinois statutes create' a liability whenever the death of a person is caused by the wrongful act, neglect or default of another in all cases, where the party injured might sue if the injury had not resulted in death, and permit the action to be maintained in the name of the personal representative of the deceased for the…
2Cases cited4 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Bartley v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1899
3Cited by7 opinions
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Griffith v. GardnerSupreme Court of Missouri · 1949
- Pasley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Gunn v. United Railways Co.Supreme Court of Missouri · 1917
- State v. HallSupreme Court of Missouri · 1901
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