Stoher v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) Plaintiff ’ s own testimony did not make a prima facie case, and the demurrer to the evidence should have been sustained. Wood' on Master and Servant, secs. 368, 419; Huffman n.
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Appeal from St. Louis Court of Appeals. (1) Plaintiff ’ s own testimony did not make a prima facie case, and the demurrer to the evidence should have been sustained. Wood' on Master and Servant, secs. 368, 419; Huffman n. Railroad, 78 Mo. 54. (2) The court committed error in the admission of testimony offered by plaintiff, against the objection of defendant. 1 Gfreenl. on Evid., sec. 52, p. 440, note 4; Hudson v. Railroad, 59 la. 581; 2 Starkie on Evidence, 381; Hubbard v. Railroad, 39 Me. 506 ; Aldrich ®. Pelham, 1 Gray, 510; Kidder n. Dunstable, 11 Gray, 344; ParJcer ®. Portland Publishing…
1Opinion of the CourtRay, J.
Bertha Stoher, an infant, brings this suit by her next friend in the circuit court of the city of St. Louis, to recover damages for the death of her father, Nicholas Stoher, who was killed by the derailment of a passenger train on the railroad of defendant, near Bismarck, Mo., whilst he was acting as fireman upon the engine then drawing said passenger train. Upon a trial of the cause, plaintiff had judgment for damages in the sum of five thousand dollars, from which the defendant appealed to the St. Louis court of appeals, where the judgment was affirmed, pro forma, from which the case was…
2Cases cited8 opinions
- Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
- Tilley v. . the H.R.R.R. Co.New York Court of Appeals · 1864
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- McIntyre v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Morgan v. DurfeeSupreme Court of Missouri · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- McPherson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Walker v. McNeillWashington Supreme Court · 1897
- Southern Railway Co. v. LefanSupreme Court of Alabama · 1915
27 more not listed; retrieve them via the Exa API.