Legal Opinion

Ellis v. Metropolitan Street Railway Co.

Supreme Court of Missouri

Decided June 1, 1911PublishedCited by 46 opinions

Appeal from Jackson Circuit Court. — Hon. Henry L. McCune, Judge. (1) Tlie court erred in refusing to give defendant’s demurrer offered at the close of plaintiffs’ evidence and renewed at the conclusion of all the evidence.

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Appeal from Jackson Circuit Court. — Hon. Henry L. McCune, Judge. (1) Tlie court erred in refusing to give defendant’s demurrer offered at the close of plaintiffs’ evidence and renewed at the conclusion of all the evidence. Reis v. Transit Co., 179 Mo. 7; Holland v. Railroad, 210 Mo-. 350; Degonia v. Railroad, 224 Mo. 599; Boring v. Railroad, 194 Mo. 552; Guyer v. Railroad, 174 Mo. 344; Roehfeldt v. Railroad, 180 Mo. 565; Van Bach v. Railroad, 1,71 Mo. 346-; Sites v. Knott, 197 Mo. 714; Hawkins v. Railroad, 135 Mo. App. 535; King v. Wabash, 211 Mo. 14. (2) The court erred in giving…

1Opinion of the CourtLamm, J.

— Plaintiffs sue defendant for the statutory penalty of $10,000; for the death of their minor son, Carl, grounding their action on negligence. A verdict came in for $8000; and from a judgment on that verdict defendant appeals, assigning error as follows :(a) . In refusing defendant’s demurrer at the close of plaintiff’s case and again at the close of the whole case.(b) . In giving plaintiff’s instructions 1 and 2.(c) . In refusing instruction 7, 9 and 12 for defendant.(d) . In ruling on the admission of testimony.(e) . In ruling on the language and conduct of . plaintiff’s counsel in his…

2Cases cited4 opinions

  1. Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
  2. Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
  3. Barrie v. St. Louis Transit Co.Missouri Court of Appeals · 1906
  4. Matz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909

3Cited by46 opinions

  1. Perkins v. Terminal Railroad Assn.Supreme Court of Missouri · 1937
  2. Smith v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
  3. Homan v. Missouri Pacific RailroadSupreme Court of Missouri · 1933
  4. Womack v. Missouri Pacific RailroadSupreme Court of Missouri · 1935
  5. Crews v. Kansas City Public Service Co.Supreme Court of Missouri · 1937

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