Childress v. Southwest Missouri Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon, David E. Blair, Judge. (1) The trial court should have discharged the jury and continued on defendant’s affidavit of surprise and application for continuance. Fretwell v. Laffoon, 77 Mo. 28; Peers v. Davis, 29 Mo. 18á; Connoly v. Pehle, 105 Mo. App. 419; Albert v. Seiter, 30 Mo. App. 257; Bragg v. Moberly, 17 Mo. App. 211; 3 Am. and Eng.
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Appeal from Jasper Circuit Court. — Hon, David E. Blair, Judge. (1) The trial court should have discharged the jury and continued on defendant’s affidavit of surprise and application for continuance. Fretwell v. Laffoon, 77 Mo. 28; Peers v. Davis, 29 Mo. 18á; Connoly v. Pehle, 105 Mo. App. 419; Albert v. Seiter, 30 Mo. App. 257; Bragg v. Moberly, 17 Mo. App. 211; 3 Am. and Eng. Cyc. of Laws, 813; Childs v. State, 10 Tex. 183; Branch v. Dnbree, 55 Ga. 21; O’Connor v. Duff, 30 Mo. 599. (2) The trial court erred in its instructions to the jury in that it left the verdict to the uncontrolled…
1Opinion of the CourtGray, J.
About four o’clock p. m. on the 11th day of December, 1908, Edward Childress, the eight-year-old son of the respondents, was struck and killed by a street car of the defendant on Twentieth street, in the city of Joplin, and this action was instituted by respondents to recover from the appellant the penalty or damages provided under section 2864, Revised Statutes 1899, as amended by the Session Acts of 1905. The cause was tried before a jury resulting in a verdict in favor of the respondents for the sum of four thousand dollars, and the defendant appealed therefrom.
The petition alleged that…
2Cases cited16 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- State ex rel. Crow v. City of St. LouisSupreme Court of Missouri · 1903
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Philpott v. Missouri Pacific RailroadSupreme Court of Missouri · 1884
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wilfong v. Omaha & Council Bluffs Street Railway Co.Nebraska Supreme Court · 1935
- Lemasters v. WillmanMissouri Court of Appeals · 1955
- City of St. Louis v. PopeSupreme Court of Missouri · 1939
- Blyston-Spencer v. United Railways Co.Missouri Court of Appeals · 1910
- Kirchof v. United Railways Co.Missouri Court of Appeals · 1911
4 more not listed; retrieve them via the Exa API.