Guenther v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court'. — IIon. Shepard Barclay, Judge. (1) Plaintiff5 s testimony failed to make out a primafacie case. Under the allegations of the petition the demurrer to the evidence should have been sustained. Pine r>. Railroad, 88 Mo. 400;. Yarnall r.
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Appeal from St. Louis City Circuit Court'. — IIon. Shepard Barclay, Judge. (1) Plaintiff5 s testimony failed to make out a primafacie case. Under the allegations of the petition the demurrer to the evidence should have been sustained. Pine r>. Railroad, 88 Mo. 400;. Yarnall r. Railroad, 75 Mo. 583 ; Maker v. Railroad, 64 Mo. 267; Zimmerman r>. Railroad, 71 Mo. 477; Railroad v. Brinson, 10 Gfa. 207; Railroad v. Hall, 72 111. 222. (2) The court committed error in the admission of testimony offered by plaintiff, in relation to the continued use of the tracks of defendant by pedestrians. Railroad…
1Opinion of the CourtBrace, J.
This is an action in which plaintiff seeks to recover damages for the alleged negligence of defendant in running its locomotive and cars over her husband, Jacob Guenther, and killing him. The answer of the defendant contained a general denial and a plea of contributory negligence ; the reply of plaintiff to the answer was a general denial. At the close of plaintiff’s evidence in chief, a demurrer to the evidence was interposed, which being overruled the defendant then introduced its evidence, and the case was submitted to the jury. Under the instructions of the court, a verdict was rendered…
2Cases cited4 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Donahoe v. Wabash, St. Louis & Pacific Ry. Co.Supreme Court of Missouri · 1884
3Cited by19 opinions
- State Ex Rel. Fleming v. BlandSupreme Court of Missouri · 1929
- Neary v. Northern Pacific Railway Co.Montana Supreme Court · 1910
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1906
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