Tanner v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Scott County Circuit Court. — Now. FrafiJk Kelly, Judge. (1) The trial court should have held under the evidence that even though those in charge of appellants’ train were guilty of some negligence as set out in plaintiff’s petition, yet that Samuel Tanner, deceased, was guilty of such contributory negligence as to bar any right of recovery on the part of respondent.
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Appeal from Scott County Circuit Court. — Now. FrafiJk Kelly, Judge. (1) The trial court should have held under the evidence that even though those in charge of appellants’ train were guilty of some negligence as set out in plaintiff’s petition, yet that Samuel Tanner, deceased, was guilty of such contributory negligence as to bar any right of recovery on the part of respondent. Laun v. Railroad, 216 Mo. 563; Stotler v. Railroad, 204 Mo. 619; Kelsay v. Railroad, 129 Mo. 36.2; Hook v. Railroad, 162 Mo. 569; Huggart v. Railroad, 134 Mo. 673; Kreis v. Railroad, 148 Mo. 321; Railroad v. Railroad,…
1Concurrence
CONCURRING OPINION.
FARRINGTON, J.
— I concur in the opinion of Robertson, P. J., but desire to express my views with reference to the question raised by appellant concerning the admissibility of testimony going to the compensatory feature of the verdict.
The petition is based on the statute, section 5425, Revised Statutes 1909. The Supreme Court held in the last Boyd case (Boyd v. Railway Co., 249 Mo. 110, 155 S. W. 13) as I construe the opinion therein (see Harshaw v. Railroad, 173 Mo. App. l. c. 478-485, 159 S. W. l. c. 6-9, and Johnson v. Springfield Traction Co., 178 Mo. App. 445, 163 S. W.…
2Cases cited2 opinions
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1914