Waller v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from the Randolph Circuit Court.—Hon. John A. Ho chad ay, Judge. ' STATEMENT OF THE CASE BY GILL, I. Plaintiff’s counsel have prepared a very lucid statement, which, after a careful reading of the record, we find substantially correct; and which, with some additions, eliminations and corrections, we adopt.
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Appeal from the Randolph Circuit Court.—Hon. John A. Ho chad ay, Judge. ' STATEMENT OF THE CASE BY GILL, I. Plaintiff’s counsel have prepared a very lucid statement, which, after a careful reading of the record, we find substantially correct; and which, with some additions, eliminations and corrections, we adopt. This is an action to recover damages on account of personal injuries sustained by plaintiff at the, town of Higbee, on defendant’s railroad, December 22, 1891, by reason of defendant’s negligence. The negligence averred in plaintiff’s petition is as follows: “That it was the duty of…
1Opinion of the CourtGill, J.
I. Defendant’s counsel have, in a lengthy brief and argument of forty-four pages, urged *424many reasons for a reversal of this judgment. To take these up and discuss them seriatim would extend this opinion beyond any reasonable limit. We shall notice the more material of these points. All the complaints relate to the court’s action in giving, refusing and modifying instructions. At the close of the evidence, thirteen instructions were asked (two offered by plaintiff and eleven by defendant, and most of them, too, quite lengthy.) The court gave the two requested by plaintiff; gave also, without…
2Cases cited4 opinions
- Ring v. . City of CohoesNew York Court of Appeals · 1879
- Banks v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
- Halliburton v. Wabash RailroadMissouri Court of Appeals · 1894
- Gunderman v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1894
3Cited by13 opinions
- Johnson v. ChapmanWest Virginia Supreme Court · 1897
- Wood v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Williams v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1913
- Horgan v. BradySupreme Court of Missouri · 1900
- Laible v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
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