Albert v. St. Louis Electric Terminal Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.- — Eon. Rhodes E. Cave, Judge. (1) The court erred in overruling the challenge to juror Byrne. Carroll v. Railroad, 157 Mo. App. 260 ;. Heidbrink v. Railroad, 133 Mo. App. 41; Theobald v. Tr. Co., 191 Mo. 428. (2) The court erred in refusing to give the demurrer to the evidence at the close of plaintiff’s case, because the evidence -shows Joseph Albert was guilty of negligence in permitting Lillie Albert to go upon the street.
Read the full summary
Appeal from St. Louis City Circuit Court.- — Eon. Rhodes E. Cave, Judge. (1) The court erred in overruling the challenge to juror Byrne. Carroll v. Railroad, 157 Mo. App. 260 ;. Heidbrink v. Railroad, 133 Mo. App. 41; Theobald v. Tr. Co., 191 Mo. 428. (2) The court erred in refusing to give the demurrer to the evidence at the close of plaintiff’s case, because the evidence -shows Joseph Albert was guilty of negligence in permitting Lillie Albert to go upon the street. A parent is bound to use care in looking after small children and if the child is negligently permitted to get into a…
1Opinion of the Court
NORTONI, J. —
This is a suit for damages under the wrongful death statute. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff’s little girl, two years of age, was run upon and killed by one of defendant’s street cars. The child was at play for the moment in Twelfth street in the city of St. Louis, between Biddle and Carr streets, where defendant operates its car line. The evidence tends to prove that by due care defendant’s motorman could have averted the catastrophe, but failed to do so. The petition counts upon the Vigilant Watch Ordinance.
It is argued the court should have…
2Cases cited15 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
10 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Herrell v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
- In Re Wood's PetitionDistrict Court, W.D. Missouri · 1956
- Smith v. NickelsMissouri Court of Appeals · 1965
- Pietzuk v. Kansas City Railways Co.Supreme Court of Missouri · 1921
- Shirack v. GageSupreme Court of Kansas · 1949