Legal Opinion

Meierhoff v. United Railways Co.

Missouri Court of Appeals

Decided January 5, 1915PublishedCited by 2 opinions

Appeal from St. Louis County Circuit Court. — Hon. Q. A. Wurdeman, Judge. (1) The court should have peremptorily instructed the jury to render a verdict in favor of the appellant: (a) No actionable negligence was proved against the appellant.

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Appeal from St. Louis County Circuit Court. — Hon. Q. A. Wurdeman, Judge. (1) The court should have peremptorily instructed the jury to render a verdict in favor of the appellant: (a) No actionable negligence was proved against the appellant. Pope v. Railroad, 242 Mo. 232; Kinlen v. Railroad, 216 Mo. 145 ; Boyd v. Railroad, 105' Mo. 371; Moody v. Railroad, 68 Mo. 470; Roenfeldt v. Railroad, 180 Mo. 567. (b) The deceased was guilty of contributory negligence as a matter of law. Reeves v. Railroad, 251 Mo. 169 ; Laun v. Railroad, 216 Mo. 563; Parris v. Railroad, 167 Mo. App. 392. (2)…

1Opinion of the Court

NORTON!, J.

— This is a suit under the wrongful death statute for damages, accrued to plaintiff through defendant’s negligence. Plaintiff recovered and defendant prosecutes the appeal.

Plaintiff is the widow of Adolph Meierhoff, who came to his death through being run upon by one of defendant’s trolley cars. Defendant owns and operates a railroad and line of suburban electric cars between the city of St. Louis and Creve Coeur Lake in St. Louis county. Plaintiff’s husband came to his death in December, 1910, through being run upon by one of defendant’s cars, about 6:15 o’clock in the morning,…

2Cases cited5 opinions

  1. Chunn v. City & Suburban R. Co. of WashingtonSupreme Court of the United States · 1907
  2. Warner v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
  3. Karr v. Milwaukee Light, Heat & Traction Co.Wisconsin Supreme Court · 1907
  4. Burbridge v. Kansas City Cable RailroadCourt of Appeals of Kansas · 1889
  5. Canham v. Rhode Island Co.Supreme Court of Rhode Island · 1913

3Cited by2 opinions

  1. Peters v. LuskMissouri Court of Appeals · 1918
  2. Sovereign Camp, Woodmen of the World v. PutnamCourt of Appeals of Texas · 1918

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