14 S.W. 873 (Mo. 1890), Walsh v. Missouri Pacific Railway Co.
|Citation:||14 S.W. 873, 102 Mo. 582|
|Opinion Judge:||Black, J.|
|Party Name:||Walsh et al. v. The Missouri Pacific Railway Company, Appellant|
|Attorney:||B. Pike for appellant. John M. Dickson for respondents.|
|Case Date:||December 15, 1890|
|Court:||Supreme Court of Missouri|
Rehearing Denied 102 Mo. 584 at 589.
Appeal from St. Louis City Circuit Court. -- Hon. Daniel Dillon, Judge.
(1) The demurrer to the evidence by defendant should have been sustained, and the refusal thereof was error. Moore v. Railroad, 28 Mo.App. 622; Shertle v. Railroad, 97 Pa. St. 450; Railroad v. Strohm, 96 N.Y. 305; Curtis v. Railroad, 18 N.Y. 541; Filer v. Railroad, 49 N.Y. 45; Clark v. Brown, 18 Wend. 229; Lincoln v. Railroad, 23 N.Y. 425, 435; Williams v. Railroad, 9 S.W. 577. (2) The instructions given by the court, at the instance of plaintiffs, and on his own motion, were erroneous. See cases cited under point 1.
The instruction for nonsuit at the close of plaintiffs' case was properly refused, and the case properly submitted to the jury. Wharton's Law of Negligence, secs. 420, 421; Ireland v. Plankroad Co., 3 Kerr, 533; Condy v. Railroad, 85 Mo. 85; Frick v. Railroad, 75 Mo. 601; Noeninger v. Vogt, 88 Mo. 592; Wilson v. Board of Ed., 63 Mo. 140; Kelly v. Railroad, 70 Mo. 609; Buesching v. Gaslight Co., 73 Mo. 219; Donahue v. Railroad, 91 Mo. 360; Alexander v. Railroad, 76 Mo. 494. The non-compliance on the part of a railroad company with statutory regulations in running its trains is prima facie evidence of negligence. Holman v. Railroad, 62 Mo. 564; Wallace v. Railroad, 76 Mo. 82; Branton v. Railroad, 75 Mo. 73; Keller v. Railroad, 75 Mo. 138; Frick v. Railroad, 75 Mo. 612; Brick Co. v. Railroad, 18 Mo.App. 626.
[102 Mo. 584]
-- The plaintiffs are the minor children of Patrick Walsh. They prosecute this suit by their next friend to recover damages for the death of their father, who, it is alleged, was injured by the negligence of defendant, and that he died from the injuries so received.
of action is based upon an alleged negligent violation of an ordinance of the city of St. Louis, limiting the rate of speed of cars and locomotives propelled by steam to not exceeding six miles per hour.
The petition states that Walsh was in bed at a house near the corner of the Levee and Poplar street; that an engine and cars, operated by defendant's servants at a speed exceeding six miles an hour, ran off the track against the walls of the house aforesaid, whereby the walls were overthrown and fell upon Walsh; that Walsh received internal injuries in the stomach and bowels by...
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