Legal Opinion

Sly v. Union Depot Railroad

Supreme Court of Missouri

Decided June 16, 1896PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court gave improper and erroneous instructions at the request of defendant. Schepers v. Railroad, 126 Mo. 665. (2) The plaintiffs should have been awarded a new trial in view of the extraordinary developments in this cause subsequent fco the verdict. Sec. 2240, R. S. 1889, p. 577; Hurlbut v. Jenkins, 22 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) The court gave improper and erroneous instructions at the request of defendant. Schepers v. Railroad, 126 Mo. 665. (2) The plaintiffs should have been awarded a new trial in view of the extraordinary developments in this cause subsequent fco the verdict. Sec. 2240, R. S. 1889, p. 577; Hurlbut v. Jenkins, 22 Mo. App. 572; State v. Murray, 91 Mo. 103; State v. Wheeler, 94 Mo. 254; State v. Bailey, 94 Mo. 316. First. There is no error in the instructions of which plaintiffs can complain. The court submitted the issue of…

1Opinion of the CourtBurgess, J.

Plaintiffs who were, on the eleventh day of July, 1893, husband and wife, and the parents of Percy G. Sly, then about fourteen years of age, sue for damages on account of the death of their son, caused *684by the alleged negligence of the servants and employees of defendant then in charge of its cars. The accident occurred in the city of St. Louis, where the case was tried. From a verdict and judgment in favor of defendant plaintiffs appealed.

The defendant company operates an electric line of cars from the center of the city to Tower Grove Park, and on the evening of the accident deceased boarded…

2Cases cited3 opinions

  1. Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
  2. Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
  3. Mayor of Liberty v. BurnsSupreme Court of Missouri · 1893

3Cited by6 opinions

  1. Loveless v. Locke Distributing CompanySupreme Court of Missouri · 1958
  2. Butts v. Express Personnel ServicesMissouri Court of Appeals · 2002
  3. March v. Midwest St. Louis, L.L.C.Supreme Court of Missouri · 2014
  4. Byrd v. VanderburghMissouri Court of Appeals · 1912
  5. Atlas Corp. v. Mardi Gras Corp.Missouri Court of Appeals · 1998

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