Legal Opinion

Smith v. Atchison, Topeka & Santa Fe Railway Co.

Missouri Court of Appeals

Decided December 3, 1906PublishedCited by 8 opinions

Appeal from Clinton Circuit Court. — Hon. Alonzo Burnes, Judge. The verdict of the jury was for the right party under all the evidence in the ca§e and should have been allowed to stand. Ottomeyer v. Pritchett, 178 Mo. 160; Mackowik v. Railroad (Mo.), 94 S. W. 256; State ex rel. v.- Railroad, 71 Mo. App. 389; Grayson v. Railroad, 100 Mo. App. 60; Osteryoung y. Transit Co., 108 Mo. App. 703; Connell v. Union Tel.

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Appeal from Clinton Circuit Court. — Hon. Alonzo Burnes, Judge. The verdict of the jury was for the right party under all the evidence in the ca§e and should have been allowed to stand. Ottomeyer v. Pritchett, 178 Mo. 160; Mackowik v. Railroad (Mo.), 94 S. W. 256; State ex rel. v.- Railroad, 71 Mo. App. 389; Grayson v. Railroad, 100 Mo. App. 60; Osteryoung y. Transit Co., 108 Mo. App. 703; Connell v. Union Tel. Co., 116 Mo. 34; Deming v. Railroad, 80 Mo-. App. 152; Strange y. Railroad, 61 Mo. App. 586; Rawlings v. Railroad, 97 Mo. App. 515; Shellabarger v. Morris, 115 Mo. App. 573, 91 S. W.…

1Opinion of the CourtEllison, J.

This action is for damages for mistreatment of plaintiff while a passenger on one of defendant’s trains. There was a verdict for the defendant. On plaintiff’s motion, a new trial was granted and from that order defendant has appealed to this court.

It appears that plaintiff and a companion were passengers on defendant’s train. That they took with them into the smoking car some heavy iron tools, such as *87sledge hammers, crowbars, drills, etc., and laid them, down in the aisle of the car close to their seat. It further appears that it was against the rules of the defendant for passengers to take…

2Cases cited8 opinions

  1. Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
  2. Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
  3. Hickey v. WelchMissouri Court of Appeals · 1901
  4. Boling v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1905
  5. Snyder v. Wabash Railroad Co.Missouri Court of Appeals · 1900

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
  2. St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1907
  3. Brisboise v. Kansas City Public Service Co.Supreme Court of Missouri · 1957
  4. Harless v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1907
  5. Crutcher v. Big FourMissouri Court of Appeals · 1908

3 more not listed; retrieve them via the Exa API.

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