Degonia v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — Hon. Chas. A. Killian, Judge. 1 (1) A clear case of contributory negligence on part of tbe deceased was shown by tbe evidence, and tbe case should not have been submitted to tbe jury: Evans v. Railroad Co., 178 Mo. 512; Davies v. Railroad, 159 Mo. 1; Wheat v. Railroad, 179 Mo. 572; Riccio v. Railroad, 189 Mass. 358; Aerkfetz v. Humphreys, 145 U. S. 418; Clancy v. Railroad, 192 Mo. 615; McG-rath v. Railroad, 197 Mo. 97; Cahill v.…
Read the full summary
Appeal from St. Francois Circuit Court. — Hon. Chas. A. Killian, Judge. 1 (1) A clear case of contributory negligence on part of tbe deceased was shown by tbe evidence, and tbe case should not have been submitted to tbe jury: Evans v. Railroad Co., 178 Mo. 512; Davies v. Railroad, 159 Mo. 1; Wheat v. Railroad, 179 Mo. 572; Riccio v. Railroad, 189 Mass. 358; Aerkfetz v. Humphreys, 145 U. S. 418; Clancy v. Railroad, 192 Mo. 615; McG-rath v. Railroad, 197 Mo. 97; Cahill v. Railroad, 205 Mo. 393; Broekschmidt v. Railroad, 205 Mo. 435; Loring v. Railroad, 128 Mo. 359; Fore v. Railroad, 114 Mo.…
1Opinion of the CourtGraves, J.
Plaintiff, Ida Degonia, sues under section 2864, Revised Statutes 1899', for the alleged negligent killing of her husband by one of defendant’s passenger trains coming from the north and approaching the depot at Mineral Point, Missouri. The negligence charged in the petition is as follows:
“Plaintiff further states that the injuries to and subsequent death of her said husband as aforesaid was caused by and was the direct result of the wantonness, recklessness and carelessness of defendant’s agents and servants in charge of the train aforesaid in this: they negligently ran .the said train at a…
2Cases cited23 opinions
- Ficklen v. Shelby County Taxing DistrictSupreme Court of the United States · 1892
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Mansur v. BottsSupreme Court of Missouri · 1883
18 more not listed; retrieve them via the Exa API.
3Cited by82 opinions
- Mayfield v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1935
- Maginnis v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1916
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Banta v. Union Pacific RailroadSupreme Court of Missouri · 1951
- State Ex Rel. Anderson v. HostetterSupreme Court of Missouri · 1940
77 more not listed; retrieve them via the Exa API.