Legal Opinion

Murray v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided April 15, 1890PublishedCited by 61 opinions

Appeal from St. Louis City Circidt Court. — Hon. L. B. Valliakt, Judge. (1) The court erred in giving the instructions asked by plaintiff. Milburn v. Railroad, 86 Mo. 109 ; Stepp v. Railroad, 85 Mo. 226; Kelly v. Railroad, 75 Mo. 141; Smith v. Hardesty, 31 Mo. 412 ; Hurt ®. Railroad, 94 Mo. 256 ; Bowling v. Allen, 88 Mo. 299 ; Railroad v. State, 31 Md. 357; s. c., 100 Am.

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Appeal from St. Louis City Circidt Court. — Hon. L. B. Valliakt, Judge. (1) The court erred in giving the instructions asked by plaintiff. Milburn v. Railroad, 86 Mo. 109 ; Stepp v. Railroad, 85 Mo. 226; Kelly v. Railroad, 75 Mo. 141; Smith v. Hardesty, 31 Mo. 412 ; Hurt ®. Railroad, 94 Mo. 256 ; Bowling v. Allen, 88 Mo. 299 ; Railroad v. State, 31 Md. 357; s. c., 100 Am. Dec. 71; Henze v. Railroad, 71 Mo. 638; Isaacs v. Skrainka, 95 Mo. 517; MatMason v. Mayer, 90 Mo. 585. (2) The verdict is against and unsupported by the evidence, and should, therefore, have been set aside. (1) The point…

1Opinion of the CourtBlack, J.

This is a personal damage suit. Plaintiff was a driver of a hose carriage connected with the fire department of the city of St. Louis. He and others *239in charge of the hose weré going north on Summit street. The defendant’s road crosses this street, there being four or five tracks at the- crossing, which run in an east and west direction. As the plaintiff attempted to go over the crossing, a train of box and flat cars backed in from the west and struck his team and carriage. He was thrown from his seat and received severe and permanent injuries, one of them being a broken leg. The cause of…

2Cases cited2 opinions

  1. Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
  2. Isaacs v. SkrainkaSupreme Court of Missouri · 1888

3Cited by61 opinions

  1. Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
  2. Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
  3. Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
  4. Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
  5. Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930

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