Moore v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The petition alleged specific negligence on the part of the defendant, and no proof of any negligence was made. For this reason the demurrer to the evidence should have been sustained.
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Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The petition alleged specific negligence on the part of the defendant, and no proof of any negligence was made. For this reason the demurrer to the evidence should have been sustained. Roscoe v. Railroad, 202 Mo. 576; Orcutt v. Building Co., 201 Mo. 442; McGrath v. Transit Co., 197 Mo. 457; Morgan v. Mulhall, 214 Mo. 457; Ely v. Railroad, 77 Mo. 34. (2) The court committed reversible error in giving the instruction asked by the plaintiff, for the reason that she had waived the presumption of negligence, arising from the…
1Opinion of the CourtEllison, J.
This is an action for personal injury alleged to have been received by plaintiff’s intestate, Miss Tanner, while a passeger on one of defendant’s trains. The judgment in the trial court was for the plaintiff. After the rendition of the judgment Miss Tanner died and the action was revived in plaintiff’s name, though for convenience we will designate her as the plaintiff.
It appears that she was a physician and traveled around to several towns in Kansas in the practice of her profession. That while on one of defendant’s trains, the car in which she and six men passengers were sitting, became…
2Cases cited6 opinions
- State v. HydeSupreme Court of Missouri · 1911
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Chlanda v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Taylor v. Grand Avenue RailwaySupreme Court of Missouri · 1904
- Malloy v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Goodes v. Order of United Commercial Travelers of AmericaMissouri Court of Appeals · 1913