Byars v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The court erred in refusing to instruct a verdict for the defendant both at the close of the plaintiff’s evidence and at the close of all the evidence.
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The court erred in refusing to instruct a verdict for the defendant both at the close of the plaintiff’s evidence and at the close of all the evidence. Boyd v. Railroad, 105 Mo. 371; Sits v. Knott, 197 Mo. 707; Hayden v. Railroad, 124 Mo. 566; Railroad v. Clarkson, 147 Fed- 397; State v. Dettmer, 124 Mo. 435; Kelsey v. Railroad, 129 Mo. 362; Payne v. Railroad, 191 Mo. 215; Phippin v. Railroad, 196 Mo. 321; Sanguinette v. Railroad,.196 Mo. 466; Payne v. Railroad, 136 Mo. 580;'Poster v. Railroad, 199 Mo. 82; Stotler…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. Defendant contends that, as a matter of law, under the record facts, plaintiff’s husband, Joseph Byars, was himself guilty of negligence,- hence the court erred in not sustaining a demurrer to the evidence. In this connection it conclusively appears that the driver, Carter, was not Byars ’ servant and Byars had no control over him or over the team. Byars was the mere guest of Carter. Whether Carter was negligent we do not at this time decide. If he was negligent, his negligence is not to be imputed to Byars as his guest or passenger. To hold that it was, “would…
2Cases cited11 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Dickson v. Omaha & St. Louis RailroadSupreme Court of Missouri · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Thompson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
- Vigil v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1923
- Vascacillas v. Southern Pac. Co.Court of Appeals for the Ninth Circuit · 1918
- Harshaw v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Vigil v. Atchison, T. & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1919
1 more not listed; retrieve them via the Exa API.