Moore v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. The court erred in admitting incompetent, irrelevant, and immaterial evidence offered by plaintiff. Barley v. Gabanne, 1 Mo. App. 129 ; Par leer v. Portland Go., 69 Me. 171; Railroad v. Huntley, 38 Mich. 537. The court erred in refusing to give the instructions asked by defendant. Blair v. Railroad, 89 Mo. 392; Be Forest v. Jewett, 88 N. Y. 264; Railroad v. Scherlle, 97 Pa.
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Appeal from the St. Louis Circuit Court, Hon. George W. Lubke, Judge. The court erred in admitting incompetent, irrelevant, and immaterial evidence offered by plaintiff. Barley v. Gabanne, 1 Mo. App. 129 ; Par leer v. Portland Go., 69 Me. 171; Railroad v. Huntley, 38 Mich. 537. The court erred in refusing to give the instructions asked by defendant. Blair v. Railroad, 89 Mo. 392; Be Forest v. Jewett, 88 N. Y. 264; Railroad v. Scherlle, 97 Pa. St. 455; Railroad v. 8hay, 82 Pa St. 198; Schmidt v. IJerfurth, 5 Eob. (N. Y.) 137; Brawdy v. Brawdy, 7 Barr. 157; Rogers v. Ins. Go., 6 Paige, 596;…
1Opinion of the CourtLewis, P. J.
The petition states in substance, that the plaintiff’s deceased husband,' George Moore, was in his lifetime in the defendant’s employ as a switchman ; that, on December 24, 1886, while in the discharge of his duties as such, *624he dismounted from the step of a moving tender to throw a switch, and, in so doing', stepped into a hole or excavation in the defendant’s track and was thereby thrown down, so that the tender passed over and killed him; that the mishap was caused by the negligence of defendant and its agents in making and maintaining the said excavation in its track, so that it was a…
2Cited by13 opinions
- Spiro v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Diel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Midland Valley R. Co. v. RupeSupreme Court of Oklahoma · 1922
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
- Kansas City Southern Ry. Co. v. HendersonSupreme Court of Oklahoma · 1915
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