Ries v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Rim. R. D. Fisher, Judge. (1) _ The humanitarian doctrine prevailing in this State, defendant is liable under the evidence and the case should have gone to the jury. Morgan v. Railroad, 159 Mo. 262; Hutchinson v. Railroad, 161 Mo. 246. The case should have gone to the jury even • had deceased been a trespasser on defendant’s track.
Read the full summary
Appeal from St. Louis City Circuit Court. — Rim. R. D. Fisher, Judge. (1) _ The humanitarian doctrine prevailing in this State, defendant is liable under the evidence and the case should have gone to the jury. Morgan v. Railroad, 159 Mo. 262; Hutchinson v. Railroad, 161 Mo. 246. The case should have gone to the jury even • had deceased been a trespasser on defendant’s track. Chamberlain v. Railroad, 133 Mo. 605; Morgan v. Railroad, supra; Inland v. Tolson, 139 U. S. 558; Martin v. Railroad, 194 111. 147. (2) It is competent to ask a witness who was present at the time how far the motorman…
1Opinion of the CourtBrace, P. J.
— This is an action for the recovery of damages for the death of Joseph Ries, husband of the plaintiff, which it is alleged was caused by the negligence of the defendant in operating one of its cars going north on Seventh street. The petition charges that said Ries was on the 30th day of March, A. D. 1900, struck, run over and killed by said car, through the negligence of the defendant’s servant or agent in charge of the operation of said car, “in this, that he failed to sound the gong or bell upon said car or to warn said Joseph Ries of its approach, or to stop said car or to operate the…
2Cited by18 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
- Riedel v. Wheeling Traction Co.West Virginia Supreme Court · 1908
- Sobocinski v. City of WilliamsportCommonwealth Court of Pennsylvania · 1974
- Holland v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1908
13 more not listed; retrieve them via the Exa API.