Sambos v. Cleveland, Cincinnati, Chicago & St. Louis Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Moses N. Bale, Judge. (1) On demurrer to evidence, plaintiff is entitled to have the facts viewed as favorably to Mm as the testimony permits, and to enjoy the benefit of every reasonable inference in his favor therefrom.
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Appeal from St. Louis City Circuit Court. — Eon. Moses N. Bale, Judge. (1) On demurrer to evidence, plaintiff is entitled to have the facts viewed as favorably to Mm as the testimony permits, and to enjoy the benefit of every reasonable inference in his favor therefrom. Alcorn v. Railroad, 108 Mo. 81; Buck v. Railroad, 108 Mo. 179; Keown v. Railroad, 141 Mo. 86; Bank v. Simpson, 152 Mo. 638. In applying this rule to an action for negligence, it must be remembered that negligence is not a fact which is subject to direct proof, but an inference from facts put in evidence. Baird v. Railroad, 146…
1Opinion of the CourtGoode, J.
Plaintiff’s right arm was broken in an accident which occurred December 26, 1906, near Flat Rock, a station oh defendant’s railway in the State of Illinois. Plaintiff was in the service of defendant, and, with some thirty laborers, was engaged on said date*in stacking ties on defendant’s right of way. Two tracks ran parallel at the point where the work was in progress — one the main line, which ran through a cut twelve feet deep, and the other a siding, or as the witnesses said, a new track, which was on the' top of the embankment. The ties were in the -ditch by the main track, and were…
2Cases cited9 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
- City of LaSalle v. KostkaIllinois Supreme Court · 1901
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by5 opinions
- English v. Roberts, Johnson & Rand Shoe Co.Missouri Court of Appeals · 1909
- Dales v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1912
- Hoel v. Underwriters Land Co.Missouri Court of Appeals · 1913
- Walters v. Chicago Great Western RailroadNebraska Supreme Court · 1915
- Hassan v. Northern Pacific Ry. Co.Montana Supreme Court · 1921