Strottman v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Geo. C. Eitchcock, Judge. (1) Under the present statute, the prior reversal saves the action from the special Statute of Limitations applicable to this class of causes. Clark v. Railroad, 219 Mo. 524. (2) Counsel for respondent contend that the judgment of reversal in the former case is res adjudicata in this. A few words on the subject from our side of the controversy may not be amiss.
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Appeal from St. Louis City Circuit Court. — Eon. Geo. C. Eitchcock, Judge. (1) Under the present statute, the prior reversal saves the action from the special Statute of Limitations applicable to this class of causes. Clark v. Railroad, 219 Mo. 524. (2) Counsel for respondent contend that the judgment of reversal in the former case is res adjudicata in this. A few words on the subject from our side of the controversy may not be amiss. A decision of this court, as of any other court of last resort, may be controlling from three possible aspects: First, as res adjudicata, or a final judgment of…
1Opinion of the CourtGraves, J.
This cause is here for a second time. There was at least an attempted adjudication of it in Strottman v. Railway Co., 211 Mo. 227. We have purposely used the word “cause” instead of the word “case.” The cause when first here came by appeal from Jefferson county. Plaintiff, the widow of an engineer in the employ of defendant, sues for the alleged negligent killing of her husband. The negligence charged was the failure of a telegraph operator to deliver a train dispatcher’s message, through which *169failure a collision occurred and plaintiff’s husband was hilled. When that case came on for hearing…
2Cases cited38 opinions
- Gardner v. Michigan Central RailroadSupreme Court of the United States · 1893
- Smith v. AdamsSupreme Court of the United States · 1889
- Bucher v. Cheshire RailroadSupreme Court of the United States · 1888
- Lilly v. TobbeinSupreme Court of Missouri · 1890
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
33 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Tartak v. Tribunal de Distrito de Puerto RicoSupreme Court of Puerto Rico · 1953
- Fenton v. ThompsonSupreme Court of Missouri · 1943
- Nashville, C. & St. L. Ry. v. BoltonTennessee Supreme Court · 1915
- State Ex Rel. Metropolitan Life Insurance v. HughesSupreme Court of Missouri · 1941
- Berry Ex Rel. Berry v. Majestic Milling Co.Supreme Court of Missouri · 1924
11 more not listed; retrieve them via the Exa API.