Friel v. Citizens' Railway
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court: IIon. L. B. Yalliant, Judge. (1) If the facts in evidence are such that two inferences may be drawn from them, the one, importing negligence, the other not importing negligence, then the law is that the case must be referred to the jury, to determine which of these inferences should be drawn from the evidence. Petty v. Railroad, 88 Mo. 306; Wilkins v. Railroad, 101 Mo. 93; Usher v. Railroad, 100 Mo. 194; Taylor v. Railroad, 26 Mo.
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Appeal from St. Louis City Circuit Court: IIon. L. B. Yalliant, Judge. (1) If the facts in evidence are such that two inferences may be drawn from them, the one, importing negligence, the other not importing negligence, then the law is that the case must be referred to the jury, to determine which of these inferences should be drawn from the evidence. Petty v. Railroad, 88 Mo. 306; Wilkins v. Railroad, 101 Mo. 93; Usher v. Railroad, 100 Mo. 194; Taylor v. Railroad, 26 Mo. App. 336; Coxv. Syenite Granite Co. 39 Mo. App. 424; Huhn v. Railroad 92 Mo. 440. (2) A master is bound to provide…
1Opinion of the CourtBlack, P. J.
The defendant is a corporation operating a street cable railroad in the city of St. Louis. While the plaintiff was. in the employ of defendant and in the discharge of his duties as gripman, a car ran over his legs, injuring them so that it became necessary to amputate one and the' other was seriously injured; and this is a suit to recover damages for such injuries. The circuit court sustained a demurrer to the plaintiff’s evidence, and the case is here to review that ■ruling.
The substance of the petition is, that defendant furnished an improper grip appliance, because of which the train…
2Cited by2 opinions
- Wendall v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1903
- Dunn v. NicholsonMissouri Court of Appeals · 1906