McManamee v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) The first instruction given at the request of the defendant is fatally defective, in that it eliminated from the consideration of the jury the common law negligence alleged and proven. Any number of negligent acts preceding the injury, and contributing to it, may be pleaded, and any one proven will entitle a recovery.
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Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) The first instruction given at the request of the defendant is fatally defective, in that it eliminated from the consideration of the jury the common law negligence alleged and proven. Any number of negligent acts preceding the injury, and contributing to it, may be pleaded, and any one proven will entitle a recovery. Hill v. Railroad, 121 Mo. 482, affirming same case, certified from St. Louis court of appeals, 49 Mo. App. 534. (2) The law is precisely the contrary to the doctrine stated in the second instruction…
1Opinion of the CourtGantt, P. J.
John McManamee was struck by a locomotive engine of the Missouri Pacific Railway Company near the junction of Poplar street and the levee, in the city of St. Louis, on the thirty-first day of January, 1891, and died from the injuries thus received.
*442This action is by his widow, Mrs. Mary A. MeMan-amee, and is founded on the alleged negligence of the company in negligently managing and controlling its said engine and train attached thereto, and violating an ordinance forbidding the company to run its ears at a speed exceeding six miles an hour along said streets, and neglecting to cause the bell…
2Cases cited3 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Watson v. Mound City Street Railway Co.Supreme Court of Missouri · 1896
3Cited by63 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Tayer v. York Ice MacHinery Corp.Supreme Court of Missouri · 1938
- Gayle v. Missouri Car & Foundry Co.Supreme Court of Missouri · 1903
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