Van Dyke v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Bnclianan Circuit Court. — Hon. G. A. Mosman, Judge. (1) Defendant’s demurrer to the evidence should have been sustained, and the court erred in refusing same: First, because there was no evidence tending to show defendant was guilty of negligence which caused Van Dyke’s death; second, because all the evidence shows deceased was guilty of negligence which caused his death.
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Appeal from Bnclianan Circuit Court. — Hon. G. A. Mosman, Judge. (1) Defendant’s demurrer to the evidence should have been sustained, and the court erred in refusing same: First, because there was no evidence tending to show defendant was guilty of negligence which caused Van Dyke’s death; second, because all the evidence shows deceased was guilty of negligence which caused his death. Tanner v. Railroad, 161 Mo. 510; Reno v. Railroad, 180 Mo. 469. (2) If deceased got upon and walked down the track under the conditions stated, he was guilty of negligence which caused his death and would have…
1Opinion of the CourtFox, C. J.
This is an action by plaintiff under section 2864, Revised Statutes 1899, to recover the penalty in said section prescribed for the alleged negligent killing of her husband by one of defendant’s trains.
Plaintiff had a verdict and judgment below for five thousand dollars, and defendant appealed to this court. Defendant urges that the facts disclosed failed to show plaintiff’s right to recover under the law, and that its demurrer to the evidence should have been sustained. This contention requires a close and detailed statement of the facts.
Defendant ran its trains in and out of St. Joseph,…
2Cases cited12 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Wheat v. City of St. LouisSupreme Court of Missouri · 1904
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Davies v. People's Railway Co.Supreme Court of Missouri · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Tietjens v. General Motors CorporationSupreme Court of Missouri · 1967
- Stern v. LaroccaNew Jersey Superior Court Appellate Division · 1958
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
- Nivert v. Wabash RailroadSupreme Court of Missouri · 1911
12 more not listed; retrieve them via the Exa API.