Jackson v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon.. R. P. Owen, Judge. . .. (1) There is nó substantial conflict in the evidence in this case, and the court should, as a question of. law, have declared to the jury that the plaintiff could not recover, as requested to do by defendant at the close of plaintiff’s evidence and of the whole case. Powell v. Mo. Pac. By.
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Appeal from Butler Circuit Court. — Hon.. R. P. Owen, Judge. . .. (1) There is nó substantial conflict in the evidence in this case, and the court should, as a question of. law, have declared to the jury that the plaintiff could not recover, as requested to do by defendant at the close of plaintiff’s evidence and of the whole case. Powell v. Mo. Pac. By. Co., 76 Mo. 80 ; Henry v. St. Loiois, K. C. & N. By. 'Co., 76 Mo! 293; Mali v. Lord, 39 N. Y'. 381; Edwards t>. London, etc., By. Co., L. R. 5 C. P. 445 ; Mien v. London, etc., By. Co., L. R. 6 Q. B. 65 j. Poulton v. London, etc., By. Co., L.…
1Opinion of the CourtHenry, C. J.
This suit was instituted in the Butter circuit court, by plaintiff, to recover damages for the death of her husband, alleged to have been occasioned by defendant’s wrongful act, in receiving her husband on its train of cars, against his will and the protest of plaintiff, while he was in a mortally wounded condition. On a trial she had a judgment for $500, from which this appeal was taken. The cause was tried on an amended petition, to which a demurrer having been overruled, defendant filed an answer, alleging, in addition to a general denial, that the deceased was a fugitive from justice, and…
2Cited by22 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Larrissey v. Norwalk Truck Lines, Inc.Ohio Supreme Court · 1951
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Holt v. Burlington Northern RailroadMissouri Court of Appeals · 1984
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