Legal Opinion · Dissent

Seiferth v. St. Louis Southwestern Railway Co.

Court of Appeals for the Seventh Circuit

Decided October 11, 1966No. 15529Published

1DissentSchnackenberg, Circuit Judge

Guided by the most recent applicable decisions of the Missouri courts,1 which have been ignored by the majority opinion, I find it necessary to dissent. I feel it is not proper for us to ignore these recent decisions and thereby reverse the judgment of the trial court herein, based upon the verdict of a jury. To bypass these late decisions and rely on earlier cases 2 said to be favorable to defendant, is not the proper way to ascertain the present applicable Missouri law.

There was evidence tending to prove the following facts:

Plaintiff was 16 years old and of average mental and physical…

2Cases cited11 opinions

  1. Mary Ann Waynick v. Chicago's Last Department Store, an Illinois CorporationCourt of Appeals for the Seventh Circuit · 1959
  2. Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
  3. McClanahan Ex Rel. McClanahan v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
  4. White v. BurkeybileSupreme Court of Missouri · 1965
  5. Anderson v. WeltyMissouri Court of Appeals · 1960

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