Ruschenberg v. Southern Electric Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Witness Reeves ought to have been allowed to testify to the declaration of the motorman made immediately after the car had stopped, and before the boy was taken from under the car, and while efforts were being made to get him out from under the car, as to the exact cause of the injury. Such a declaration was admissible as a part of the res gestae. 1 Greenleaf on Evidence, see. 108; 21 Am. and Eng.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) Witness Reeves ought to have been allowed to testify to the declaration of the motorman made immediately after the car had stopped, and before the boy was taken from under the car, and while efforts were being made to get him out from under the car, as to the exact cause of the injury. Such a declaration was admissible as a part of the res gestae. 1 Greenleaf on Evidence, see. 108; 21 Am. and Eng. Ency. of Law, 99; Railroad v. Coyle, 57 Pa. St. 402; Leahy v. Railroad, 97 Mo. 172. One of the main issues in this case…
1Opinion of the CourtGantt, J.
Plaintiff’s son, aged six years and three months, while attempting to cross in front of an electric street car, was killed on defendant’s track, on South Broadway in the city- of St. Louis, May 21, 1897, and this action was brought to recover the statutory penalty of $5,000.
There was a verdict and a judgment for defendant and plaintiff appeals.
In his second amended petition plaintiff charged that the death of the boy was caused by defendant’s car going south; that the mot’orman failed to keep a proper and vigilant lookout, and failed to exercise ordinary care to stop the car in time to avoid…
2Cases cited17 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Jackson v. HardinSupreme Court of Missouri · 1884
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
12 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Moore v. Middlewest Freightways, Inc.Supreme Court of Missouri · 1954
- Campbell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Imboden v. St. Louis Union Trust Co.Missouri Court of Appeals · 1905
44 more not listed; retrieve them via the Exa API.