Root v. Kansas City Southern Railway Co.
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. W. W. Graves> Judge. (1) The court ought to have sustained defendant’s demurrer to the evidence at the close of plaintiff: ’s case, (a) The evidence introduced by plaintiff failed to show that the fire in the bridge was caused by any negligence on the part of defendant, or as plaintiff alleged, (b) Because the verdict of the jury is founded merely on guess and conjecture. Peck v. Railroad, 31 Mo.
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Appeal from Bates Circuit Court. — Hon. W. W. Graves> Judge. (1) The court ought to have sustained defendant’s demurrer to the evidence at the close of plaintiff: ’s case, (a) The evidence introduced by plaintiff failed to show that the fire in the bridge was caused by any negligence on the part of defendant, or as plaintiff alleged, (b) Because the verdict of the jury is founded merely on guess and conjecture. Peck v. Railroad, 31 Mo. App. 123; Shelden v. Railroad, 29 Barb. 226; Stokes v. Burns, 132 Mo, 223; Smillie v. Dollar Store, 47 Mo. App. 402; Smart v. City, 91 Mo. App. 586; Moore v.…
1Opinion of the CourtLamm, J.
— Root was head-brakeman, riding on the engine of one of defendant’s freight trains of seven cars and a caboose — four cars laden with coal and three with hay. In running south at midnight on July 16,1901, a mile or so south of a station named Poteau, in the Indian Territory, as the engine approached a long trestle spanning a depression, swamp or slough (called a creek by some witnesses) through which water flowed from the west to the east at flood times in Poteau river, a nearby stream, a fire was discovered in and toward the far end of the trestle, as near as we can determine from the…
2Cases cited27 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Detroit v. OsborneSupreme Court of the United States · 1890
- Louisville Gas Co. v. Kaufman, Straus & Co.Court of Appeals of Kentucky · 1898
- Hughes v. Cincinnati, &c., RailroadCourt of Appeals of Kentucky · 1891
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
22 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Lebow v. Missouri Public Service CompanySupreme Court of Missouri · 1954
- Keele v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1914
- Newlin v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Stipp v. Tsutomi KarasawaSupreme Court of Missouri · 1958
- Wichita Falls Compress v. W. L. MoodyCourt of Appeals of Texas · 1913
35 more not listed; retrieve them via the Exa API.