Dales v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. W. B. Homer, Judge. (1) As the injury occurred in Illinois, the liability of the defendant must be determined by the laws of that State, the defendant having pleaded and proved them. Fogarty v. Transfer Co., 180 Mo. 490; Root v. Railroad, 195 Mo. 348; Ginnochio v. Railroad, 155 Mo. App. 163; Farrar v. Railroad, 149 Mo. App. 188; Chandler v. Railroad, 127 Mo.
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Appeal from St. Louis City Circuit Court. — Now. W. B. Homer, Judge. (1) As the injury occurred in Illinois, the liability of the defendant must be determined by the laws of that State, the defendant having pleaded and proved them. Fogarty v. Transfer Co., 180 Mo. 490; Root v. Railroad, 195 Mo. 348; Ginnochio v. Railroad, 155 Mo. App. 163; Farrar v. Railroad, 149 Mo. App. 188; Chandler v. Railroad, 127 Mo. App. 34. . (2) It was error to permit the introduction of any Illinois decisions in evidence by the plaintiff, not having been pleaded. Ginnochio v. Railroad, 155 Mo. App. 163. (3) The…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — Let us consider this case in the order of the assigned errors.
1. We have, even with some prolixity, set out the facts in the case in so far as necessary to consider the demurrers, or, more accurately, requests for instructions directing a verdict for defendant. This accident occurred in Illinois and the rights of the parties are to be determined by the law of that State (Fogarty v. St. Louis Transfer Co., 180 Mo. 490, l. c. 502, 79 S. W. 664), a State which has no statute on the subject, and whose law is to be arrived at by consideration of the decisions of its…
2Cases cited9 opinions
- Pullman Palace Car Co. v. LaackIllinois Supreme Court · 1892
- Webster Manufacturing Co. v. NisbettIllinois Supreme Court · 1903
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Edward Hines Lumber Co. v. LigasIllinois Supreme Court · 1898
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3Cited by4 opinions
- Sterling v. Parker-Washington Co.Missouri Court of Appeals · 1914
- Crader v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Welty v. S. H. Kress & Co.Missouri Court of Appeals · 1927
- Curtright v. RuehmannMissouri Court of Appeals · 1914