Rodan v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. O’Neill By cm, Judge. Plaintiff’s instruction 7 was proper, and the court erred in granting a new trial because such instruction was given. Weller v. Railroad, 164 Mo. 205; Riska v. Railroad, 180 Mo. 168; Eckharcl v. Railroad, 190' Mo. 593; Mockowik v. Railroad, 196 Mo. 511; Railroad v. Landrigan, 191 U. S. 461. Plaintiff’s instruction 7, for giving which the trial court confessed error, was clearly erroneous.
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Appeal from St. Louis City Circuit Court. — Row. O’Neill By cm, Judge. Plaintiff’s instruction 7 was proper, and the court erred in granting a new trial because such instruction was given. Weller v. Railroad, 164 Mo. 205; Riska v. Railroad, 180 Mo. 168; Eckharcl v. Railroad, 190' Mo. 593; Mockowik v. Railroad, 196 Mo. 511; Railroad v. Landrigan, 191 U. S. 461. Plaintiff’s instruction 7, for giving which the trial court confessed error, was clearly erroneous. Schmidt v. Railroad, 191 Mo. 215; Mockowik v. Railroad, 196 Mo. 550; Porter v. Railroad, 199 Mo. 82.
1Opinion of the CourtLamm, J.
— Plaintiff, widow of Philip Rodan, sued for statutory damages for his alleged wrongful death at the hands of defendant. Recovering a judgment for $5,000 at a jury trial, presently the trial court, on motion, ordered her judgment set aside. She appeals from that order.
Her right of action is grounded, first, on the general charge that as her husband was passing between six and seven o’clock on the morning of the 28th of November, 1903, over the crossing of Walton and Lelmar avenues, public streets in St. Louis, the defendant’s servants in charge of an electric car running west on Delmar avenue…
2Cases cited8 opinions
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Branstetter v. GerdemanSupreme Court of Missouri · 1955
- Burr v. SinghSupreme Court of Missouri · 1951
- Johnson v. GraysonSupreme Court of Missouri · 1910
- Summa v. Morgan Real Estate Co.Supreme Court of Missouri · 1942
- State Ex Rel. Alton Railroad Co. v. ShainSupreme Court of Missouri · 1940
33 more not listed; retrieve them via the Exa API.