Stoher v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon.. L. B. Valliant, Judge. (1) The demurrers to the evidence at the close of plaintiff’s testimony and at the close of all the testimony should have been sustained. Wood on Mas. & Serv., secs. 368 and 419 ; Huffman v. Railroad, 78 Mo. 54; Am. & Eng. R. R. Cas. 166. (2) The instructions given for plaintiff were erroneous, as there was no evidence to sustain them.
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Appeal from St. Louis City Circuit Court.— Hon.. L. B. Valliant, Judge. (1) The demurrers to the evidence at the close of plaintiff’s testimony and at the close of all the testimony should have been sustained. Wood on Mas. & Serv., secs. 368 and 419 ; Huffman v. Railroad, 78 Mo. 54; Am. & Eng. R. R. Cas. 166. (2) The instructions given for plaintiff were erroneous, as there was no evidence to sustain them. Dahlstrom, v. Railroad, 96 Mo. 99 ; Dowling r>. Allen, 88 Mo. 297. (3) The refusal of defendant’s instructions was erroneous. Proctor, v. Railroad, 64 Mo. 112 ; Connor v. Railroad, 59 Mo.…
1Opinion of the CourtMacfarlane, J.
Plaintiff prosecutes this action by her next friend for damages on account of the death of her father, who was killed by the derailment of an *194engine of defendant, upon which, he was at work as a fireman.
The negligence charged was a failure to use reasonable care in providing deceased with a safe and secure track over which he was required to work. The particular charge was that defendant failed to provide waterways under the track of the road of sufficient capacity to carry off accumulated water from heavy rainfalls, and, by reason of such neglect, the water backed up over the track, and so…
2Cited by2 opinions
- Turner v. HaarSupreme Court of Missouri · 1893
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903