Keown v. St. Louis Railroad
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. The trial court erred in refusing to give defendant’s instruction for a nonsuit offered at close of entire case. (1) Because there was no evidence to show that John Willum was guilty of actionable negligence that caused Barber A. Keown’s injury. Patterson, Railway Accident Law, secs. 71, 268; •Strauss v. Railroad, 75 Mo. 185; 16 Am. and Eng. Ency.
Read the full summary
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. The trial court erred in refusing to give defendant’s instruction for a nonsuit offered at close of entire case. (1) Because there was no evidence to show that John Willum was guilty of actionable negligence that caused Barber A. Keown’s injury. Patterson, Railway Accident Law, secs. 71, 268; •Strauss v. Railroad, 75 Mo. 185; 16 Am. and Eng. Ency. Law, pp. 389-412; Cooley on Torts, 660; Barker v. Railroad, 98 Mo. 54; Tarnellv. Railroad, 113 Mo. 570; Ring v. Railroad, 112 Mo. 22,0; Jackson v. Railroad, 104 Mo. 457;…
1Opinion of the CourtBarclay, P. J.
— Mrs. Keown sued for statutory compensation on account of the death of her husband which is charged to have resulted from negligence of the defendant — a street railroad company — operating a train of cars on Broadway in St. Louis. The answer was a general denial, except as to the facts of defendant’s incorporation and of Mr. Keown’s employment by defendant. There was also a plea of contributory negligence, which plaintiff’s reply put in issue.
The cause originated in the city of St. Louis, but was duly removed to the county of St. Louis, where it was tried with the aid of a jury. It appeared…
2Cases cited7 opinions
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Gormly v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- Carroll v. Inter-State Rapid Transit Co.Supreme Court of Missouri · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Carey v. Kansas CitySupreme Court of Missouri · 1905
- Gebhardt v. St. Louis Transit Co.Missouri Court of Appeals · 1902
- Ruth v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Carter v. BaldwinMissouri Court of Appeals · 1904
7 more not listed; retrieve them via the Exa API.