Scoville v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal'from Livingston Circuit Court.—Hon. J. M. Davis, Judge. The evidence offered on behalf of the plaintiff, being undisputed that the approach of the engine and car could have been known by the deceased in time to have enabled him to step aside and avert the inj ury, the demurrer to the evidence should have been sustained. Zimmerman v. Railroad Co., 71 Mo. 476; Henze v. Railroad Co., 71 Mo. 636; Railroad Co. v. Elliott, 28 Ohio St. 340; 14 Am.
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Appeal'from Livingston Circuit Court.—Hon. J. M. Davis, Judge. The evidence offered on behalf of the plaintiff, being undisputed that the approach of the engine and car could have been known by the deceased in time to have enabled him to step aside and avert the inj ury, the demurrer to the evidence should have been sustained. Zimmerman v. Railroad Co., 71 Mo. 476; Henze v. Railroad Co., 71 Mo. 636; Railroad Co. v. Elliott, 28 Ohio St. 340; 14 Am. R’y Rep. 123; Allyn v. Railroad Co., 105 Mass. 77; Railroad Co. v. Hart, 87 111. 529 ; 19 Am. R’y Rep. 249; Harlan v. Railway Co., 65 Mo. 22; 64…
1Opinion of the Court
Norton, J.—This
suit was instituted in the circuit court of Clinton county by plaintiff to recover $5,000 damages for the death of her minor son, alleged to have been killed by the negligence of defendant, in the management of one of its trains. The cause was transferred, by change of venue, to the Livingston county circuit court, where, upon a trial, plaintiff obtained judgment, from which defendant has appealed to this court. Omitting the portions of the petition not deemed to be material in the investigation of the questions involved in this appeal, it sets forth as the specific grounds for…
2Cases cited7 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Nelson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Norton v. IttnerSupreme Court of Missouri · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
- Dunkman v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1888
- Dunn v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1886
- Bergman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
8 more not listed; retrieve them via the Exa API.