MacDonald v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. H. L. Mc-Cune, Judge. (1) There was no evidence that the death of deceased was directly or proximately caused or produced by the injuries sustained in the accident. (2) The court erred in refusing instructions numbered three, four and nine, asked by defendant. Hicks v. Railroad, 46 Mo. 309; Shearman & Redfieíd on Negligence (5 Ed.), sec. 28; Brown v. Railroad, 20 Mo.
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Appeal from Jackson Circuit Court. — Hon. H. L. Mc-Cune, Judge. (1) There was no evidence that the death of deceased was directly or proximately caused or produced by the injuries sustained in the accident. (2) The court erred in refusing instructions numbered three, four and nine, asked by defendant. Hicks v. Railroad, 46 Mo. 309; Shearman & Redfieíd on Negligence (5 Ed.), sec. 28; Brown v. Railroad, 20 Mo. App. 227; 1 Sutherland on Damages, secs. 23 and 29; Saxton v. Railroad, 98 Mo. App. 501; Christy v. Hughes, 24 Mo. App. 275; Banks v. Railroad, 40 Mo. App. 464; Waller v. Railroad, 59 Mo.…
1Opinion of the Court
LAMM, P. J. —
Defendant appeals from a judgment in plaintiff’s favor for $5,000. She is the widow of John L. Macdonald, injured while a passenger on defendant’s car on defendant’s cable road, October 26, 1902, while running round a curve. In about eight months and a half afterwards he died. There is no question but that he was injured and by defendant’s •negligence. Plaintiff’s theory is that such injuries caused his death. Defendant’s is contra. The trial was long. The issues were threshed out below closely and with ability. The briefs take a wide range. The instructions were many. However…
2Cases cited14 opinions
- Freeman v. Mercantile Mutual Accident Ass'nMassachusetts Supreme Judicial Court · 1892
- Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
- Fetter v. Fidelity & Casualty Co.Supreme Court of Missouri · 1903
- Baltimore City Passenger Railway Co. v. KempCourt of Appeals of Maryland · 1883
- Lemon v. ChanslorSupreme Court of Missouri · 1878
9 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Gridley v. JohnsonSupreme Court of Missouri · 1972
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Hemminghaus v. FergusonSupreme Court of Missouri · 1948
- Larrissey v. Norwalk Truck Lines, Inc.Ohio Supreme Court · 1951
- Williams v. Atlantic Coast Line R. Co.Court of Appeals for the Fifth Circuit · 1951
38 more not listed; retrieve them via the Exa API.