Frese v. Chicago, Burlington & Quincy Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) The instruction in the nature of a demurrer td the evidence should have been, given. No substantial evidence was introduced tending to establish that the negligence of the fireman caused the collision.
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Appeal from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) The instruction in the nature of a demurrer td the evidence should have been, given. No substantial evidence was introduced tending to establish that the negligence of the fireman caused the collision. Plaintiff’s evidence does establish that the fireman was at his post of duty, keeping a lookout through the front window of the cab, but nowhere in the record is there a semblance of testimony that he failed to exercise ordinary care'. This court has never ruled that from proof of a collision the jury may infer or presume…
1Opinion of the CourtWoodson, J.
This suit was instituted in the Circuit Court of Buchanan County, by the plaintiff against the defendant, to recover damages for the alleged negligence of the latter in killing the former’s husband. The trial resulted in verdict and judgment for the plaintiff in the sum of $12,000 and in proper time and manner the defendant appealed the cause to this court.
Counsel for both plaintiff and defendant have made a full and fair statement of the. case in -their respective briefs, but we will adopt that of plaintiff as it probably more clearly emphasizes the points presented for consideration, which…
2Cases cited1 opinion
- Great Northern Railway Co. v. WilesSupreme Court of the United States · 1916
3Cited by12 opinions
- Frese v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1923
- O'Donnell v. Baltimore & Ohio RailroadSupreme Court of Missouri · 1930
- Gourley v. Chicago & Eastern Illinois Railway Co.Appellate Court of Illinois · 1938
- Perry v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1937
- Hampton v. Wabash Railroad Co.Supreme Court of Missouri · 1947
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