Lackey v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court, — Hon. J. Hugo Grimm, Judge. (1) The court should have given appellant’s instruction in the nature of a demurrer to the evidence and peremptorily directed a verdict for it because: (a) The negligence of decedent so clearly appears on the evidence contributing directly to the collision and his consequent injuries and death as to preclude respondent’s right of recovery as a matter of law. Schmidt v. Rjc Co., 191 Mo. 2.15; Laun v. Ry.
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Appeal from St. Louis City Circuit Court, — Hon. J. Hugo Grimm, Judge. (1) The court should have given appellant’s instruction in the nature of a demurrer to the evidence and peremptorily directed a verdict for it because: (a) The negligence of decedent so clearly appears on the evidence contributing directly to the collision and his consequent injuries and death as to preclude respondent’s right of recovery as a matter of law. Schmidt v. Rjc Co., 191 Mo. 2.15; Laun v. Ry. Co., 216 Mo. 578; Keele v. Ry. Co., 258 Mo. 78; Green v. Ry. Co., 192 Mo. 131; Vandeventer v. Ry. Co., 177 S. W. 838;…
1Opinion of the Court
The appeal in this case is from a judgment in favor of the plaintiff, recovered on account of the death of the plaintiff's husband, John W. Lackey, caused by the alleged negligence of the defendant.Statement.
Lackey, while a pedestrian on the street was struck and killed by a street car of the defendant, July 23, 1918. At that time the defendant operated two parallel street railway tracks, called the Hodiamont tracks, along its private right of way across Plymouth avenue. Plymouth avenue, at the point of intersection ran east and west and and was forty-five feet wide; the right of way was…
2Cases cited11 opinions
- Grier v. Kansas City, Clay County & St. Joseph Railway Co.Supreme Court of Missouri · 1921
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Eckhard v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Strauchon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Harrington v. DunhamSupreme Court of Missouri · 1918
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Banks v. Morris CompanySupreme Court of Missouri · 1924
- Elkin v. St. Louis Public Service Co.Supreme Court of Missouri · 1934
- Jackson v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1938
- McGowan v. WellsSupreme Court of Missouri · 1930
- Stumpf v. Panhandle Eastern Pipeline Co.Supreme Court of Missouri · 1945
27 more not listed; retrieve them via the Exa API.