McFern v. Gardner
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel 6r. Taylor, Judge. (1) The court erred in refusing the instruction in the nature of a demurrer to the evidence offered by defendant at the close of plaintiff’s evidence in chief, and also at the close of all the evidence, (a) There was no evidence of any negligence on the part of the defendant. Hyde v. Railroad, 110 Mo. 280; Knapp v. Hanley, 108 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel 6r. Taylor, Judge. (1) The court erred in refusing the instruction in the nature of a demurrer to the evidence offered by defendant at the close of plaintiff’s evidence in chief, and also at the close of all the evidence, (a) There was no evidence of any negligence on the part of the defendant. Hyde v. Railroad, 110 Mo. 280; Knapp v. Hanley, 108 Mo. App. 360. (b) Said instruction should have been given because the evidence shows clearly and conclusively that the deceased was guilty of negligence that direct-]y contributed to the…
1Opinion of the CourtBland, P. J.
On November 11, 1904, at 6:30 p. m., Alfred L. McFern, plaintiff’s deceased husband, and Commodore Kelly were driving a light, low, one-horse buggy (a runabout) on Forest Park roadway. The buggy collided with defendant’s automobile a little north of the intersection of the roadway with Forest Park boulevard. The buggy was traveling north, and the automobile south. The shock of the collision threw both McFern and Kelly into the street, causing injuries to McFern from which he died a few hours thereafter. The petition alleges the collision, resulting in the death of plaintiff’s husband, was…
2Cases cited11 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- McCormick v. City of St. LouisSupreme Court of Missouri · 1901
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Sepetowski v. St. Louis Transit Co.Missouri Court of Appeals · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- O'Dowd v. NewnhamCourt of Appeals of Georgia · 1913
- Morrow v. Southeastern Stages Inc.Court of Appeals of Georgia · 1942
- Central Indiana Railway Co. v. WishardIndiana Supreme Court · 1917
- Bragdon v. KelloggSupreme Judicial Court of Maine · 1919
- Stafford v. Nelson Bros.Louisiana Court of Appeal · 1930
22 more not listed; retrieve them via the Exa API.