Russell v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. (1) The verdict is excessive. Smith v. Railroad, 127 Mo. App. 53; Kirby v. Railroad, 146 Mo. App. 304; Clifton v. Railroad, 232 Mo. 708. (2) Tbe court erred in refusing at tbe close of plaintiff’s case, and again at tbe close of all tbe evidence, to instruct tbe jury at tbe request of defendant to find the issues for tbe defendant.
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Appeal from Greene Circuit Court. — Hon. Alfred Page, Judge. (1) The verdict is excessive. Smith v. Railroad, 127 Mo. App. 53; Kirby v. Railroad, 146 Mo. App. 304; Clifton v. Railroad, 232 Mo. 708. (2) Tbe court erred in refusing at tbe close of plaintiff’s case, and again at tbe close of all tbe evidence, to instruct tbe jury at tbe request of defendant to find the issues for tbe defendant. Brezewitz v. Railroad, 87 S. W. 127; Webber v. Railroad, 100 Mo. 194; Mitchell v. Railroad, 51 Mich. 236, 47 Am. Rep. 566; Detroit v. Railroad, 23 Wis. 152, 99 Am. Dec. 141. (1) Tbe question whether tbe…
1Opinion of the CourtSturgis, J.
Plaintiff sued the defendant because of being compelled to ride in a smoking car on one of its trains from St. Louis to Springfield, Missouri, the effect of which was to make him sick from the tobacco smoke. He also complains that this car was dirty but there was little proof of this and that charge was not submitted to the jury. He was fifty-two years old and was traveling from Knoxville, Tennessee, to Springfield, Missouri, on a first-class ticket. Plaintiff’s evidence is that when he got to St. Louis he pased through the gate at Union Station and to defendant’s train which left there about…
Also in this document: Concurrence.
2Cases cited2 opinions
- Hastings v. Northern Pac. R.U.S. Circuit Court for the District of Washington · 1892
- Roark v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912
3Cited by1 opinion
- Dougherty v. McClellandMissouri Court of Appeals · 1916