Simpson v. Wells
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. John W: Calhoun, Judge. (1) The court should have given appellant’s instruction in the nature of a demurrer to the evidence requested at the close of plaintiffs’ case and again at the conclusion of all of the evidence, (a) There is no evidence that the act of defendant caused the death of plaintiffs’ decedent.
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Appeal from St. Louis City Circuit Court. — Hon. John W: Calhoun, Judge. (1) The court should have given appellant’s instruction in the nature of a demurrer to the evidence requested at the close of plaintiffs’ case and again at the conclusion of all of the evidence, (a) There is no evidence that the act of defendant caused the death of plaintiffs’ decedent. The evidence must show the necessary connection with the wrongful act complained of, as the proximate cause of such death, and not leave this essential connection to mere speculation or conjecture. Warner v. Suburban Ry. Co., 178 Mo. 134;…
1Opinion of the Court
This case was commenced in the Circuit Court of the City of St. Louis, Missouri, on July 17, 1919. The petition alleges, and the evidence shows, that Charles Sampson, at the time of his death, on April 19, 1919, was a citizen of the above city; that plaintiff, Nora Simpson, was his sister, and that Wm. F. Sampson was his brother; that said plaintiffs duly qualified as administrators of the estate of said Charles Sampson; that the latter left surviving him no minor children and no widow; that he was, at the time of his death, a single man, over the age of twenty-one years; that, in addition to…
2Cases cited20 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Grier v. Kansas City, Clay County & St. Joseph Railway Co.Supreme Court of Missouri · 1921
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
15 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Griffith v. Continental Casualty Co.Supreme Court of Missouri · 1923
- Zichler v. St. Louis Public Service Co.Supreme Court of Missouri · 1933
- State Ex Rel. Connecticut Fire Insurance v. CoxSupreme Court of Missouri · 1924
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Cropper v. Titanium Pigment Co.Court of Appeals for the Eighth Circuit · 1931
24 more not listed; retrieve them via the Exa API.