Meyer v. Pacific Railroad
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. This was an action by Henrietta Meyer, widow of August Meyer, deceased, against defendant, for damages for the death of her husband. The action was instituted under the second section of the “ Act relating to damages,” R. C. 1855, ch. 147. The accident occurred at the depot of defendant at St. Louis. The Franklin accommodation train was at the station.
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Appeal from St. Louis Circuit Court. This was an action by Henrietta Meyer, widow of August Meyer, deceased, against defendant, for damages for the death of her husband. The action was instituted under the second section of the “ Act relating to damages,” R. C. 1855, ch. 147. The accident occurred at the depot of defendant at St. Louis. The Franklin accommodation train was at the station. For some time (15 or 20 minutes) before the train started, the deceased had been about the depot platform intoxicated. When the train started, Meyer was standing upon the rear platform of the baggage car,…
1Opinion of the CourtWagner, Judge
There are two grounds ui’ged in this court for a reversal of the judgment: first, that there is not sufficient evidence to support the verdict; and secondly, the court improperly *154instructed the jury for the respondent. The doctrine‘is so well established that it is hardly necessary to repeat it, that this court will not disturb a verdict because it is against the weight of evidence.
Where there is a complete and total failure of evidence, and it has no tendency to prove the issue, the court will be warranted in determining the whole case as a question of law; but where there is any evidence…
2Cited by17 opinions
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Allen v. MansfieldSupreme Court of Missouri · 1884
- Grosvener v. New York Cent. Railroad Co.Supreme Court of Missouri · 1938
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