McKenna Ex Rel. Green v. Lynch
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — No». George N. Shields, Judge. (1) The court erred in giving plaintiff’s instruction numbered 2, for the reason that it tells the jury that there is a presumption that the deceased was exercising ordinary care, while at the same time submitting the question of his care as an issue. The evidence with reference to deceased’s actions being before the jury, there was no presumption, and it was error to so instruct. Moberly v. Ry.
Read the full summary
Appeal from St. Louis City Circuit Court. — No». George N. Shields, Judge. (1) The court erred in giving plaintiff’s instruction numbered 2, for the reason that it tells the jury that there is a presumption that the deceased was exercising ordinary care, while at the same time submitting the question of his care as an issue. The evidence with reference to deceased’s actions being before the jury, there was no presumption, and it was error to so instruct. Moberly v. Ry. Co., 98 Mo. 183; Schepers v. Union Depot Ry. Co., 126 Mo. 665; Meyers v. City of Kansas, 108 Mo. 480; Rodan v. St. Louis…
1Opinion of the Court
This is a suit by the guardian of the minor children of Michael McKenna, deceased, to recover of the defendant damages to said minor children for the death of the said Michael in February, 1918, resulting from being struck by an automobile driven by defendant at the time, westwardly along Laclede Avenue in the City of St. Louis, between Vandeventer and Sarah. The deceased at the time of his death was forty-eight years old, and was a moulder earning approximately $1,000 per year. He left surviving him four minor children, a girl fourteen, and three boys, aged thirteen, twelve, and nine,…
2Cases cited7 opinions
- O'Dowd v. NewnhamCourt of Appeals of Georgia · 1913
- Rodan v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- State ex rel. Detroit Fire & Marine Insurance v. EllisonSupreme Court of Missouri · 1916
- Morton v. HeidornSupreme Court of Missouri · 1896
- Myers v. City of KansasSupreme Court of Missouri · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Lebow v. Missouri Public Service CompanySupreme Court of Missouri · 1954
- State Ex Rel. Snider v. ShainSupreme Court of Missouri · 1940
- MacDonald v. OganIdaho Supreme Court · 1940
- Jacoby v. GallaherLouisiana Court of Appeal · 1929
- Nuckols v. Andrews Investment CompanyMissouri Court of Appeals · 1962
14 more not listed; retrieve them via the Exa API.