Fiedler v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. Jacob Klein, Judge. (1) The demurrer to the evidence should have been given. DlauJii v. Railroad, 305 Mo. 645 ; Boyd v. Railroad, 105 Mo. 371; Barlcer v. Railroad, 98 Mo. 80 ; Powell v. Railroad, 76 Mo. '80 ; Bell v. Railroad, '86 Mo. 612. (2) Plaintiff’s instruction, numbered 1, is wrong upon any theory of the case. JDlauhi r.
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Appeal from St. Louis City Circuit Court.— Hon. Jacob Klein, Judge. (1) The demurrer to the evidence should have been given. DlauJii v. Railroad, 305 Mo. 645 ; Boyd v. Railroad, 105 Mo. 371; Barlcer v. Railroad, 98 Mo. 80 ; Powell v. Railroad, 76 Mo. '80 ; Bell v. Railroad, '86 Mo. 612. (2) Plaintiff’s instruction, numbered 1, is wrong upon any theory of the case. JDlauhi r. Railroad, supra; Guenther v. Railroad, 95 Mo. 286. (3) The ordinance was improperly admitted in evidence, and it was error to predicate a liability upon it in the instructions. Fath t>. Railroad, 16 S. W. Rep. 913; Taylor…
1Opinion of the CourtGantt, P. J.
This action was brought by the respondent against the Missouri Pacific Railway and the St. Louis, Iron Mountain & Southern Railway Company, to recover the statutory penalty for $5,000 for causing the death of his minor daughter, Katherina Margaret, by negligently running a train of cars over her on the fifteenth day of September, 1887. Plaintiff dismissed as to the Missouri Pacific Railway, before the trial.
Plaintiff averred- that on the fifteenth of September, 1887, while his said daughter was walking along Main street in said city at a point a short distance below *648Anna street, the…
2Cases cited3 opinions
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
- Dunkman v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1888
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
3Cited by23 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
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