Legal Opinion

Patrum v. St. Louis & San Francisco Railroad

Missouri Court of Appeals

Decided July 7, 1910PublishedCited by 1 opinion

Appeal from Christian Circuit Court. — Hon. John T. . Moore, Judge. (1) The defendant insists that neither in pleading nor in proof can the plaintiffs recover, hence the court 'committed error in submitting the cause to the jury. Harrington v. Railroad, 104 Mo. App. 671; Shields v. Railroad, 100 Mo. App. 517; Williams v. Railroad, 119. Mo. 316; Hager v. Railroad, 207 Mo. 302; McIntosh v. Railroad, 58 Mo.

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Appeal from Christian Circuit Court. — Hon. John T. . Moore, Judge. (1) The defendant insists that neither in pleading nor in proof can the plaintiffs recover, hence the court 'committed error in submitting the cause to the jury. Harrington v. Railroad, 104 Mo. App. 671; Shields v. Railroad, 100 Mo. App. 517; Williams v. Railroad, 119. Mo. 316; Hager v. Railroad, 207 Mo. 302; McIntosh v. Railroad, 58 Mo. App. 285; Jackson v. Railroad, 104 Mo. 448; Bradley v. Railroad, 138 Mo. 302; Saxton v. Railroad, 98 Mo. App. 494; Ryan v. McCully, 123 Mo. ■636; Yarnal v. Railroad, 75 Mo. 575; Keown v.…

1Opinion of the Court

Cox, J.,

being disqualified to sit in this cause and Judges Nixon and Grav being unable to agree, by stipulation of attorneys, V. O. Coetrane was named as special judge to sit in the hearing of this cause.

COLTRANE, Special Judge.

This is an action for damages for the death of Henry A. Patrum, a brakeman, brought by his minor children through their curator and next friend, against defendant in whose employ Patrum was at the time of his death. At the close of plaintiff’s evidence, defendant asked a peremptory instruction that plaintiffs were not entitled to recover, which was overruled. Defendant…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Texas & Pacific Railway Co. v. BehymerSupreme Court of the United States · 1903
  2. Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
  3. Wilkins v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
  4. Ray v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1910
  5. Doss v. Missouri, Kansas & Texas RailroadMissouri Court of Appeals · 1909

3Cited by1 opinion

  1. Schmidt v. HaydenSupreme Court of Iowa · 1928

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