Hilz v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. —Hon. L. B. Valliant, Judge. (1) Plaintiff’s testimony did not make & prima facie case and the demurrer to the evidence should have been sustained. Damrill v. Railroad, 27 Mo. App. 202 ; Powell v. Railroad, 76 Mo. 80 ; Railroad v. Hammet, 32 Am. & Eng.
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Appeal from St. Louis City Circuit Court. —Hon. L. B. Valliant, Judge. (1) Plaintiff’s testimony did not make & prima facie case and the demurrer to the evidence should have been sustained. Damrill v. Railroad, 27 Mo. App. 202 ; Powell v. Railroad, 76 Mo. 80 ; Railroad v. Hammet, 32 Am. & Eng. R. R. Cases, 128; Young v. Railroad, 107 N. Y. 500; Haodan v. Railroad, 64 Mo. 480; s. o., 65 Mo. 22 ; Flitch v. Railroad, 64 Mo. 484; Hem v. Railroad, 71 Mo. 626; Zimmerman v. Railroad, 71 Mo. 476 ; Lenix ®. Railroad, 76 Mo. 86 ; Stepp ®. Railroad, 85 Mo. 229 ; Purl ®. Railroad, 72 Mo. 168 ; Hickson v.…
1Opinion of the CourtRay, C. J.
Plaintiff brought this action in the circuit court of the city of St. Louis to recover damages for the death of her husband, Conrad Hilz, who was run over and killed by an engine and tender of defendant, at a certain crossing in said city, formerly called Pratt avenue, but designated, we believe, at this time, as Jefferson, or West Jefferson, avenue. She obtained a verdict and judgment for five thousand dollars, from which defendant has duly prosecuted this appeal.
A number of railroad tracks belonging to defendant and other railroads run east and west over said public *39crossing, which runs…
2Cases cited14 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
9 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Banks v. Morris CompanySupreme Court of Missouri · 1924
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
36 more not listed; retrieve them via the Exa API.