Jennings v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Gr. W. Lubke, Judge. (1) The demurrer to the evidence at the close of plaintiff’s case should have been sustained, and the court committed error in overruling the same. Harlan v. Railroad, 64 Mo. 482; Maher v. Railroad, 64 Mo. 260; Zimmerman v. Railroad, 72 Mo. 476; Lenix v. Railroad, 76 Mo. 86; Powell v. Railroad, 76 Mo. 80; Railroad v. Heilman, 49 Pa. St. 60; Railroad v. Beale, 73 Pa.
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Appeal from St. Louis City Circuit Court. — Hon. Gr. W. Lubke, Judge. (1) The demurrer to the evidence at the close of plaintiff’s case should have been sustained, and the court committed error in overruling the same. Harlan v. Railroad, 64 Mo. 482; Maher v. Railroad, 64 Mo. 260; Zimmerman v. Railroad, 72 Mo. 476; Lenix v. Railroad, 76 Mo. 86; Powell v. Railroad, 76 Mo. 80; Railroad v. Heilman, 49 Pa. St. 60; Railroad v. Beale, 73 Pa. St. 504; Railroad v. Crawford, 24 Ohio St. 631; Lascomb v. Railroad, 27 Barb. 521; Wilcox ». Railroad, 39 N. Y. 358; Railroad v. Houston, 95 ü. S. 697; Taylor…
1Per curiam
Plaintiff sues for damages sustained at one of defendant’s railway crossings in St. Louis, by reason of alleged negligence on defendant’s part.
The answer is a general denial.
Defendant’s fault, as charged, consisted in the violation of municipal ordinances requiring gates and a -flagman at the crossing, a watchman at the end of a backing train, a crew of brakemen thereon, and constant ringing of the engine bell.
It appeared at the trial that some thirty railway tracks crossed Lesperance street. ' They run north and south. The street runs east and west. There are two main tracks, called the…
2Cases cited1 opinion
- Kelly v. Union Railway & Transit Co.Supreme Court of Missouri · 1888
3Cited by7 opinions
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Tomlinson v. EllisonSupreme Court of Missouri · 1891
- Hoelker v. American PressSupreme Court of Missouri · 1927
- Hopkins v. Modern Woodmen of AmericaMissouri Court of Appeals · 1902
- Jelly v. PieperMissouri Court of Appeals · 1891
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