Eppstein v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — How. Jas. E. Hazell, Judge. (1) The court erred in refusing to give defendant’s instruction in the nature of a demurrer to the evidence at the close of plaintiff’s case, (a) The evidence offered hy plaintiff proved beyond a doubt that • deceased was a trespasser.
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Appeal from Cooper Circuit Court. — How. Jas. E. Hazell, Judge. (1) The court erred in refusing to give defendant’s instruction in the nature of a demurrer to the evidence at the close of plaintiff’s case, (a) The evidence offered hy plaintiff proved beyond a doubt that • deceased was a trespasser. With this, there is a total failure of any proof that the persons in charge of defendant’s train saw the deceased upon the track in time to have stopped the train before it struck him. Indeed, the evidence proves that no person on the train saw deceased at all. In this state of the evidence there…
1Opinion of the CourtLamm, J.
This is a suit by the widow of Yeit Eppstein to recover statutory damages for the death of her said husband through the alleged negligence of defendant railroad company. To reverse a judgment in her favor, defendant appeals.
The petition counts on the following grounds of recovery:
First: That Mr. V. Eppstein was killed on defend*726ant’s track in the city of Boonville, where at the time there was an ordinance in force providing that no engine or car should he run at a greater rate of speed than five miles per hour and that the bell of each locomotive should be rung continuously while such engine…
Also in this document: Per curiam.
2Cases cited2 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Fearons v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1904
3Cited by57 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Smith v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- Homan v. Missouri Pacific RailroadSupreme Court of Missouri · 1933
- Mayfield v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1935
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
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