Cadmus v. St. Louis Bridge & Tunnel Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Barclay, J. There is no proof to sustain the allegation of the appointment of next friend. — Porter v. Railroad Co., 60 Mo. 160; Sherman v. Railroad Co., 72 Mo. 60. The demurrer to the evidence should have been sustained. — Henry v. Railroad Co., 76 Mo. 282; Powell v. Railroad Co., 76 Mo. 83; Commissioners v. Clark, 94 U. S. 284. The contributory negligence of the plaintiff was such as to prevent a recovery. — Cauley v. Railroad Co.,…
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Appeal from the St. Louis Circuit Court, Barclay, J. There is no proof to sustain the allegation of the appointment of next friend. — Porter v. Railroad Co., 60 Mo. 160; Sherman v. Railroad Co., 72 Mo. 60. The demurrer to the evidence should have been sustained. — Henry v. Railroad Co., 76 Mo. 282; Powell v. Railroad Co., 76 Mo. 83; Commissioners v. Clark, 94 U. S. 284. The contributory negligence of the plaintiff was such as to prevent a recovery. — Cauley v. Railroad Co., 95 Pa. St. 398; Moony. Railroad Co., 99 Pa. St. 301; Stillson v. Railroad Co., 67 Mo. 671. Proof of the appointment of…
1Opinion of the CourtBakewelll, J.
This is an action brought by a minor, by her next friend, for damages for injuries done to her by being struck by a locomotive of defendant, operated by the servants of the defendant. The answer of the defendant was a general denial. There was a verdict and judgment for the plaintiff for $1,000.
The testimony is voluminous, and, in many important respects, quite contradictory. There was testimony tending to show, the following state of facts : —
The plaintiff, who was a girl about five years old at the time of the accident, lived with her parents in one of a row of houses on the east side of…
2Cases cited6 opinions
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Rogers v. MarshSupreme Court of Missouri · 1880
- Stillson v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
- State v. ScanlanSupreme Court of Missouri · 1874
- Neier v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906