Moore v. Lindell Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The first instruction given for defendant is fatally bad in conceding the defendant’s negligence as a contributing cause, and defeating the plaintiff if the deceased was herself negligent in going upon the track, leaving out of view the whole theory of the law as settled in this State — that, although the plaintiff may be negligent in going upon a track and failing to look and listen, yet, if the…
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The first instruction given for defendant is fatally bad in conceding the defendant’s negligence as a contributing cause, and defeating the plaintiff if the deceased was herself negligent in going upon the track, leaving out of view the whole theory of the law as settled in this State — that, although the plaintiff may be negligent in going upon a track and failing to look and listen, yet, if the defendant, by its servants in charge of the car, saw, or, by keeping a vigilant watch, could have seen, the deceased on…
1Opinion of the CourtMarshall, J.
This is an action under the statute, to recover five thousand dollars damages for the death of the plaintiff’s wife, on the 14th of October, 1896, caused by being run into and injured by one of *533the defendant’s electric cars, on Fourteenth street, opposite the termination of Belmont street, in the city of St. Louis. There was a verdict and judgment for the defendant, and the plaintiff appealed.
The petition charges that the plaintiff’s wife was crossing Fourteenth street, “on the north crossing of Belmont street” (the evidence on both sides showed she was crossing on the south crossing), and…
2Cases cited12 opinions
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Hook v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Tanner v. Missouri Pacific RailroadSupreme Court of Missouri · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- Smith v. WellsSupreme Court of Missouri · 1930
- Trent v. Lechtman Printing Co.Missouri Court of Appeals · 1910
- Hinkle v. Minneapolis, Anoka & Cayuna Range Railway Co.Supreme Court of Minnesota · 1925
- Solomon v. DuncanMissouri Court of Appeals · 1916
31 more not listed; retrieve them via the Exa API.