Goss v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Barton Circuit Court. — Hon. D. P. Stbatton, Judge. . (1) There is absolutely no legal evidence in the case which shows that his death was either occasioned by the negligence of defendant, or any injury sustained by reason of any act of defendant. Defendant’s demurrer to the evidence at the close of the whole case should, therefore, have been sustained.
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Appeal from the Barton Circuit Court. — Hon. D. P. Stbatton, Judge. . (1) There is absolutely no legal evidence in the case which shows that his death was either occasioned by the negligence of defendant, or any injury sustained by reason of any act of defendant. Defendant’s demurrer to the evidence at the close of the whole case should, therefore, have been sustained. The court submitted the case to the jury upon a mere matter of conjecture, and they found a verdict in favor of plaintiff without any evidence to support it. Cotton v. Wood, 8 C. B. (N. S.) 568-72; Hughes v. Bailroad, 16 S. W.…
1Opinion of the CourtSmith, P. J.
— This was an action to recover damages for personal injuries. The petition charged the -defendant with negligence in failing to construct a proper crossing where its two railroad tracks cross the public road in the town of Irwin, Barton county, Missouri, as required by section 2609 of the Revised Statutes of 1889. It is then averred that defendant wrongfully and negligently permitted the dirt near the rails of said track to be worn down, which left the iron rails exposed so as to constitute an obstruction to the, free passage along said road; that Jack G-oss, .father of plaintiff, drove upon…
2Cases cited20 opinions
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Morgan v. DurfeeSupreme Court of Missouri · 1879
- Leahey v. Cass Avenue & Fair Grounds Railway Co.Supreme Court of Missouri · 1888
- Quaife v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
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3Cited by12 opinions
- Hays v. HoganMissouri Court of Appeals · 1914
- Haymaker & Crookshanks v. Adams & SonMissouri Court of Appeals · 1895
- Carpenter v. McDavitt & CottinghamMissouri Court of Appeals · 1893
- Hartman v. MuehlebachMissouri Court of Appeals · 1896
- Smith Ex Rel. Roth v. MederackeSupreme Court of Missouri · 1924
7 more not listed; retrieve them via the Exa API.