Thorpe v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — How. E. M. Black, Judge. (1) The objection by defendant to the introduction of any evidence under the petition, based upon the ground that said petition did not state facts sufficient to constitute a cause of action, should have been sustained, and the refusal of the court to so hold was error. P lynn v. Railroad, 78 Mo. 195; McMiTlon v. Railroad, 20 Barb. 449; Bpelman v. Pisher Iron Co., 56 Barb. 151; Buzzell ¶. Laconia Man.
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Appeal from Jaclcson Circuit Court. — How. E. M. Black, Judge. (1) The objection by defendant to the introduction of any evidence under the petition, based upon the ground that said petition did not state facts sufficient to constitute a cause of action, should have been sustained, and the refusal of the court to so hold was error. P lynn v. Railroad, 78 Mo. 195; McMiTlon v. Railroad, 20 Barb. 449; Bpelman v. Pisher Iron Co., 56 Barb. 151; Buzzell ¶. Laconia Man. Co., 48 Me. 113; 2 Thompson on Neg., p. 1050, sec. 47; Railroad v. Barber, 5 Ohio 3t. 541. (2) The court committed error in…
1Opinion of the Court
Rat, J, — This
is a suit for damages for personal injuries sustained by plaintiff, whilst in the employment of defendant as a switchman in its yards at Kansas City, Missouri. A trial thereof in the circuit court of Jackson county, resulted in a verdict and judgment in plaintiff’s favor in the sum of twenty-five hundred dollars, from which defendant has appealed to this court. In his amended petition plaintiff charges a failure of duty on the part of defendant to furnish a sufficient number of hands in conjunction with plaintiff to carry on the business of making up trains in defendant’s yards,…
2Cases cited3 opinions
- Dolner v. The MonticelloU.S. Circuit Court for the District of Massachusetts · 1870
- H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
3Cited by68 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Indianapolis & St. Louis Railway Co v. WatsonIndiana Supreme Court · 1888
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Jablonowski v. Modern Cap Manufacturing Co.Supreme Court of Missouri · 1925
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