40 Mo. 506 | Mo. | 1867
delivered the opinion of the court.
The respondent recovered a judgment in the Circuit Court of St. Louis county for the killing of her husband, Michael Liddy. It was a suit for damages under the second section of the act entitled “ An act for the better security of life, property,” &c., R. C. 1855, p. 647. The defendant is a corporation owning and operating a street railway in the city of St. Louis.
Two general questions- are presented by the transcript of the record in this case: 1. Was the defendant, through its agents and servants, guilty of the negligence charged ? If so, 2. Did the conduct of the deceased indicate a degree of negligence on his part that contributed to produce the fatal re-suit, and thereby relieve the defendant from liability ?
It may be remarked generally in reference to these corporations, that the questions growing out of their relations to the public, and the measure of their duty in respect to the care and diligence necessary to be exercised by them have been carefully considered and stated in former cases decided by this court. See particularly Kennedy v. North Mo. R.R. Co., 36 Mo. 351; Boland et ux. v. Mo. R.R. Co., 36 Mo. 484; Huelsenkamp v. Citizens’ Railw. Co., 37. Mo. 537, and the authorities there cited. We do not feel called upon to reexamine these questions now. These corporations are created by charters granted by the Legislature of the State, and their roads should be managed and operated in the manner therein directed, as well as in conformity with the ordinances of the City of St. Louis, so far as the same are not inconsistent or in conflict with the legislative grants. The
Our inquiries in this case will be confined to the declarations of law given and refused by the court below, with a view of ascertaining whether the issues were properly submitted to the jury or not.
It was a question of fact for the jury, whether the rate of speed of the car at the time of the occurrence was within the
The other judges concurring, the judgment of the court below will be affirmed.