Moloney v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—lion. George H. Hitchcock, Judge. The court erred in refusing to give an instruction in the nature of a demurrer to the evidence requested by defendant. There was.no evidence to justify a submission of this cause to the jury on failure to control or on the humanitarian doctrine. Paul v. United Bail-ways, 152 Mo. App. 577; Wilkerson v. Bailroad, 140 Mo. App. 306, 316; Zurfluh v. Bailroad, 46 Mo.
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Appeal from St. Louis City Circuit Court.—lion. George H. Hitchcock, Judge. The court erred in refusing to give an instruction in the nature of a demurrer to the evidence requested by defendant. There was.no evidence to justify a submission of this cause to the jury on failure to control or on the humanitarian doctrine. Paul v. United Bail-ways, 152 Mo. App. 577; Wilkerson v. Bailroad, 140 Mo. App. 306, 316; Zurfluh v. Bailroad, 46 Mo. App. 636, 642; Koeppel v. Bailroad, 181 Mo. 379, 395; Theobald v. Transit Company, 191 Mo. 395, 433; Dey v. Bailroad,-140 Mo. App. 461, 469. Plaintiff’s…
1Opinion of the CourtAllen, J.
This is an action for personal injuries sustained by plaintiff, alleged to have been occasioned by defendant’s negligence. There was a verdict and judgment for plaintiff for the sum of eleven hundred dollars, and the case is here on defendant’s appeal.
Plaintiff was injured by being struck by one of defendant’s street cars at the intersection of Garrison avenue and Madison street in the city of St. Louis. Plaintiff had been a passenger on a car of defendant on what is known as the latter’s Natural Bridge Line, the double tracks of which extend along a portion of Garrison avenue, a street…
2Cases cited5 opinions
- Strauchon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Paul v. United Railways Co.Missouri Court of Appeals · 1911
- McCreery v. United Railways Co.Supreme Court of Missouri · 1909
- Wack v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Giddings v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1908
3Cited by4 opinions
- Markovich v. Kansas City Public Service Co.Supreme Court of Missouri · 1954
- State Ex Rel. Kansas City Public Service Co. v. BlandSupreme Court of Missouri · 1945
- Foy v. United Railways Co.Missouri Court of Appeals · 1920
- Hamm v. United Railways Co.Missouri Court of Appeals · 1914