Smart v. Wabash Railroad
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) Defendant’s ídstrnction in the nature of a demurrer at the close of all the evidence should have been given, for the following reasons: (a) The evidence shows that defendant was not negligent, (b) Plaintiff assumed the risk of injury in performing the work at the time and place in question. Cunningham v. Journal Co., 95 Mo. A.pp. 47; Shinners v. Mullins, 136 Mo.
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Appeal from Jackson Circuit Court. — Hon. W. O. Thomas, Judge. (1) Defendant’s ídstrnction in the nature of a demurrer at the close of all the evidence should have been given, for the following reasons: (a) The evidence shows that defendant was not negligent, (b) Plaintiff assumed the risk of injury in performing the work at the time and place in question. Cunningham v. Journal Co., 95 Mo. A.pp. 47; Shinners v. Mullins, 136 Mo. App. 298; Chrismer v. Telephone Co., 194 Mo. 189. (2) Plaintiff’s instruction 5 on the measure of damages is erroneous in that the petition alleges “that plaintiff has…
1Opinion of the CourtJohnson, J.
Plaintiff, a truckman employed in defendant’s freight house in Kansas City, received personal injuries while in the discharge of the duties of his employment and alleges that Ms injuries were caused by negligence of defendant. The answer con*64tains a general denial and plea of assumed risk and contributory negligence. The cause is here on the appeal of defendant from a judgment of $500, recovered by plaintiff in the circuit court.
The injury occurred in the afternoon of December 27, 1909, on the loading dock or platform at defendant’s freight depot. The platform ran east and west on the north…
2Cases cited7 opinions
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Mann v. DoerrSupreme Court of Missouri · 1909
- Chrismer v. Bell Telephone Co.Supreme Court of Missouri · 1906
- Blyston-Spencer v. United Railways Co.Missouri Court of Appeals · 1910
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3Cited by4 opinions
- Austin v. Bluff City Shoe Co.Missouri Court of Appeals · 1913
- Miller v. Kansas City Western RailroadMissouri Court of Appeals · 1914
- Smith v. Chicago Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1914
- Campbell v. City of ChillicotheMissouri Court of Appeals · 1914