Dutcher v. Wabash Railroad
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. Nat M. Shelton, Judge. 1. The court erred in overruling defendant’s demurrer at the close of all the evidence, a.
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Appeal from Adair Circuit Court. — Hon. Nat M. Shelton, Judge. 1. The court erred in overruling defendant’s demurrer at the close of all the evidence, a. It was admitted hy plaintiff’s counsel on the trial that defendant’s track was inclosed by lawful fences and cattle-guards; there was no evidence tending to prove that the track was used by pedestrians as a public high-' way; or that defendant acquiesced in occasional use of it by pedestrians; the court so found and declared by defendant’s instruction 13, and that plaintiff was a trespasser by defendant’s instruction 14. No exceptions were…
1Opinion of the CourtLamm, J.
— Negligence. Defendant in apt time and due form appeals from a judgment in the Adair Circuit Court entered on a verdict in plaintiff’s favor for $10,000.
The pleadings. As we construe the petition it counts on the three specifications .of negligence following :
First, that plaintiff was walking on defendant’s track in Randolph county south of the city of Moberly at a point where said track (with the knowledge of defendant and its officers, servants and employees) was for a long time treated as a thorougfare by people not connected with the railroad service and by them was traveled as a public…
2Cases cited6 opinions
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1910
- Reardon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Chamberlain v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- State ex rel. City of Columbia v. WilderSupreme Court of Missouri · 1906
- Sinclair v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Smith v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
- Rollison v. Wabash RailroadSupreme Court of Missouri · 1913
- Perry v. DeverSupreme Court of Missouri · 1957
- Bowman v. Standard Oil Company of IndianaSupreme Court of Missouri · 1943
32 more not listed; retrieve them via the Exa API.