Dougherty v. Missouri Railroad
Supreme Court of Missouri
Appeal from St. Louis Gity Circuit Court. — Hon. Geo., W. Lubke, Judge. (1) The evidence shows the plain tin guilty of contributory negligence as pleaded in defendant’s answer. (2) The tenth instruction on the subject of contributory negligence given by the court, was error.
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Appeal from St. Louis Gity Circuit Court. — Hon. Geo., W. Lubke, Judge. (1) The evidence shows the plain tin guilty of contributory negligence as pleaded in defendant’s answer. (2) The tenth instruction on the subject of contributory negligence given by the court, was error. Zimmerman v. Railroad, 71 Mo. 476-80; Harlan ». Railroad, 65 Mo. 22-25; Nelson v. Railroad, 68 Mo. 598 ; Cagney v. Railroad, 69 Mo. 416 ; Rains x>. Railroad, 71 Mo. 164; Maher v. Railroad-, 64 Mo. 267 ; Kelly v. Railroad, 75 Mo. 138-40 ; Werner v. Railroad, 81 Mo. 368-74; Price v. Railroad, 72 Mo. 414-19 ; Strauss v.…
1Opinion of the CourtRay, J.
Upon a former trial of this cause plaintiff was compelled at the close of his evidence to submit to a non-suit, but on writ of error to the St. Louis court of appeals the judgment of the circuit court was reversed. 9 Mo. App. 483. On writ of error by defendant to this court, the judgment of the court of appeals was affirmed. 81 Mo. 325. There has since been another trial of the cause in the circuit court which resulted in a verdict for plaintiff in the sum of twelve thousand dollars and judgment thereon, from which defendant has appealed to this court.
At the second trial, now under review, an…
2Cases cited9 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Sears v. Seattle Consolidated Street Railway Co.Washington Supreme Court · 1893
30 more not listed; retrieve them via the Exa API.