Hudson v. Wabash & Western Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The acts of negligence stated in the petition had no causal connection with the plaintiff’s injuries — were not proximate causes of the injuries — and the demurrer to plaintiff’s evidence should have been given. Ciarle v. Railroad, 39 Mo. 191; Henry v. Railroad, 76 Mo. 293 ; Brown v. Railroad, 20 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. George W. Lubke, Judge. The acts of negligence stated in the petition had no causal connection with the plaintiff’s injuries — were not proximate causes of the injuries — and the demurrer to plaintiff’s evidence should have been given. Ciarle v. Railroad, 39 Mo. 191; Henry v. Railroad, 76 Mo. 293 ; Brown v. Railroad, 20 Mo. App. 222 ; Shearm. & Redf. [4 Ed.] sec. 25, el seq.; Marble v. Worcester, 4 Gray, 395. The demurrer to plaintiff’s evidence should have been sustained because of his contributory negligence. Railroad v. Pinchin, 31 Am. &…
1Opinion of the CourtRombauer, P. J.
The plaintiff, while attempting to pass between two cars coupled together and forming part of defendant’s coal train standing at right angles across a public street of the city of St. Louis, received permanent injuries owing to the fact that the cars were shoved together with a sudden jolt, and in an action founded on defendant’s negligence recovered a judgment, to reverse which this appeal is prosecuted.
As an objection is made to the sufficiency of the petition, and a question is raised as to the issues framed *670by the pleadings, we set the petition and answer out in full.
The petition states:…
2Cases cited13 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Kersey v. GartonSupreme Court of Missouri · 1883
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3Cited by4 opinions
- Mauerman v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1890
- Cox v. Syenite Granite Co.Missouri Court of Appeals · 1890
- Morgan v. Sunflower Zinc Co.Missouri Court of Appeals · 1917
- Longree v. Jackes-Evans Manufacturing Co.Missouri Court of Appeals · 1906