Culberson v. Chicago, Milwaukee & St. Paul Railway Co.
Missouri Court of Appeals
Appeal from the Clinton Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The court below erred in giving plaintiff’s instruction 7. For this error • the case should be reversed. Puke v. Railroad, 99 Mo. .347; Smith v. Rail/road, 18 S. W. Rep. (Mo.); Norton [v. Rail/road, 40 Mo. App. 642, 647; Churchman v. Kcmsas City, 49 Mo. App. 366. (2) The court below erred in refusing defendant’s instruction 15. For this error the case should be reversed.
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Appeal from the Clinton Circuit Court. — Hon. J. M. Sandusky, Judge. (1) The court below erred in giving plaintiff’s instruction 7. For this error • the case should be reversed. Puke v. Railroad, 99 Mo. .347; Smith v. Rail/road, 18 S. W. Rep. (Mo.); Norton [v. Rail/road, 40 Mo. App. 642, 647; Churchman v. Kcmsas City, 49 Mo. App. 366. (2) The court below erred in refusing defendant’s instruction 15. For this error the case should be reversed. State v. Brooks, 99 Mo. 137. (3) The case should not be remanded for these reasons : A plaintiff is confined to the act of negligence pleaded. Price v.…
1Opinion of the CourtGtll, J.
— Plaintiff was a passenger on one of the defendant’s trains, holding a ticket from Excelsior Springs to Birmingham, Clay county, Missouri. She claims that, when the train arrived at Birmingham, she attempted to alight, but that the train did not stop a reasonable time, and before she had entirely cleared the steps of the car it went suddenly forward, threw her upon the ground and injured her. She brought this action for damages, and on a trial by jury in the circuit court plaintiff had a verdict and judgment for $1,250, and defendant appealed.
I. The case seems, to have been fairly well…
2Cases cited5 opinions
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Barr v. City of KansasSupreme Court of Missouri · 1891
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Norton v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1890
3Cited by14 opinions
- State ex rel. Ernest Fleckenstein Brewing Co. v. District CourtSupreme Court of Minnesota · 1916
- Deming v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1899
- Madison v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- Cox v. JonesOregon Supreme Court · 1931
- Wright v. MahaffaSupreme Court of Iowa · 1936
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