Legal Opinion

McIntyre v. Tebbetts

Supreme Court of Missouri

Decided April 2, 1914PublishedCited by 13 opinions

Appeal from St. Louis City Circuit Court. — Hon. George W. Shields, Judge (1) Defendants were not negligent. They had performed every duty which the law and the circumstances imposed upon them. Moore v. Railroad, 85 Mo. 588; Sehaub v. Railroad, 106 Mo. 87; Browning' v. Railroad, 124 Mo. 55; Card v. Eddy, 129 Mo. 510; Grattis v. Railroad, 153 Mo. 380; Jones v. Railroad, 178 Mo. 528; Livengood v. Lead Co., 179 Mo. 229; Edge v. Electric Ry.

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Appeal from St. Louis City Circuit Court. — Hon. George W. Shields, Judge (1) Defendants were not negligent. They had performed every duty which the law and the circumstances imposed upon them. Moore v. Railroad, 85 Mo. 588; Sehaub v. Railroad, 106 Mo. 87; Browning' v. Railroad, 124 Mo. 55; Card v. Eddy, 129 Mo. 510; Grattis v. Railroad, 153 Mo. 380; Jones v. Railroad, 178 Mo. 528; Livengood v. Lead Co., 179 Mo. 229; Edge v. Electric Ry. Co., 206 Mo. 471; Zellars v. Light Co., 92 Mo. App. 107; Railroad v. Baugh, 149 U. S. 368; Railroad v. Hambly, 154 U. S. 349; Railroad v. Keegan, 160 U. S.…

1Opinion of the CourtWoodson, J.

The plaintiff brought this suit in the circuit court of the city of St. Louis, against the defendants to recover $10,000' damages for personal injuries received by him through the alleged negligence of the defendants.

A trial was had in the circuit court which resulted in a judgment for the plaintiff, for the sum of $2500.

After moving unsuccessfully for a new trial, defendants appealed the cause to the St. Louis Court of Appeals. The majority opinion of that court, written by Judge Goode., reversing the judgment of the circuit court, was dissented from by Judge Noutoni, and as a *120result thereof…

2Cases cited9 opinions

  1. Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
  2. Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
  3. Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
  4. Bane v. IrwinSupreme Court of Missouri · 1903
  5. Edge v. Southwest Missouri Electric Railway Co.Supreme Court of Missouri · 1907

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3Cited by13 opinions

  1. Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
  2. Bender v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1925
  3. Strother v. Kansas City Milling Co.Supreme Court of Missouri · 1914
  4. Cain v. Humes-Deal Co.Supreme Court of Missouri · 1932
  5. Rowe v. U.R. Co. of St. LouisMissouri Court of Appeals · 1922

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