Legal Opinion

Hudson v. Wabash & Western Railway Co.

Missouri Court of Appeals

Decided October 30, 1888PublishedCited by 4 opinions

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

  1. Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
  2. Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
  3. Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
  4. Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
  5. Kersey v. GartonSupreme Court of Missouri · 1883

8 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Mauerman v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1890
  2. Cox v. Syenite Granite Co.Missouri Court of Appeals · 1890
  3. Morgan v. Sunflower Zinc Co.Missouri Court of Appeals · 1917
  4. Longree v. Jackes-Evans Manufacturing Co.Missouri Court of Appeals · 1906

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