Miller v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court.—How. Frank Kelly, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained, and the peremptory instruction requested by defendant at the close of the whole case should have been given. The crowded condition of the handcar was not the proximate cause of the injury. Plaintiff must recover, if at all, on the specific negligence pleaded.
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Appeal from Pemiscot Circuit Court.—How. Frank Kelly, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained, and the peremptory instruction requested by defendant at the close of the whole case should have been given. The crowded condition of the handcar was not the proximate cause of the injury. Plaintiff must recover, if at all, on the specific negligence pleaded. Waldhier v. Railroad, 71 Mo. 514; Price v. Railroad, 72 Mo. 414; Yamell v. Railroad, 1.13 Mo. 570; McG-rath v. Transit Co., 197 Mo. 105; Orcutt v. Bldg. Co., 201 Mo. 443; Hamilton v. Railroad, 114 Mo. App.…
1Opinion of the Court
NORTONH!, J.
This is a suit for damages accrued on account of personal injuries received through defendant’s negligence. Plaintiff, a minor, suing by his next friend, recovered and defendant prosecutes the appeal.
Plaintiff was injured by being thrown from a handcar while in defendant’s employ as a section hand. It appears that a considerable number of men, together with plaintiff, worked on defendant’s railroad under E. P. Virgin, the section foreman. Two separate handcars were employed to convey the men to and from the work. On the day in question Virgin, the foreman, and a number of men…
2Cases cited8 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Campbell v. Laclede Gas Light Co.Supreme Court of Missouri · 1884
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
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3Cited by4 opinions
- Nelson v. BrowningSupreme Court of Missouri · 1965
- Byers v. Lemay Bank & Trust CompanySupreme Court of Missouri · 1955
- Burrow v. Missouri Pacific R.R. Co.Missouri Court of Appeals · 1926
- Byers v. Lemay Bank & Trust CompanySupreme Court of Missouri · 1955