Sheperd v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jno. A. Tally, Judge. While the Missouri doctrine on the subject of whether knowledge of the defect on the part of the employee bars recovery is “extraordinarily conflicting,” still we can see nothing in conflict with the Missouri rulings.
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Appeal from St. Louis City Circuit Court. — Hon. Jno. A. Tally, Judge. While the Missouri doctrine on the subject of whether knowledge of the defect on the part of the employee bars recovery is “extraordinarily conflicting,” still we can see nothing in conflict with the Missouri rulings. The second instruction defined the exact issues made by the pleadings, instructed that the burden of proof was upon plaintiff, directed that no presumption of negligence should be made, and that the questions submitted were not to be determined by mere speculation, conjecture or guessing, but “if upon a full…
1Opinion of the CourtFox, J.
This cause comes to this court by appeal from an order of the trial court sustaining a motion for new trial.
The cause of action is thus stated in the petition: “Plaintiff, for his cause of action against the defendant, says:
“That the said defendant is a corporation, by virtue of the laws of the State of Missouri, and that, at all times herein mentioned, said defendant was, and now is, engaged in operating certain lines of street cars *365on the various streets and thoroughfares of the city of St. Louis, State of Missouri. That on the 15th day of January, 1902, this plaintiff, was regularly in the…
2Cases cited8 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901
- Bender v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- Mann v. ScottCalifornia Supreme Court · 1919
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Littig v. Urbauer-Atwood Heating Co.Supreme Court of Missouri · 1922
25 more not listed; retrieve them via the Exa API.