93 Mo. 433 | Mo. | 1887
This is an action to recover damages for the killing of plaintiff’s husband, occasioned, as alleged in the petition, by the negligence of defendants, in operating its cars on First street, in the city of Hannibal. The answer, besides being a general denial, set up contributory negligence on the part of deceased. On the trial, the court, at the close of plaintiff’s evidence, instructed the jury that, under the pleadings and evidence, plaintiff was not entitled to recover. Under the instructions of the court, the jury returned a verdict for defendants, upon which judgment was entered, and from this judgment plaintiff has appealed, and assigns for error the action of the court in sustaining a demurrer to the evidence.
It appears, from the record, that two or more railroad tracks were laid on First street, in the city of Hannibal, and that Mr, Yancey, the husband of plaintiff, was, on the fifth of July, 1881, killed on one of
It is, we think, manifest that the negligence of deceased in walking, in broad daylight, with an umbrella hoisted over him, on the railroad track directly
Judgment affirmed.