Cook v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) The demurrer to the evidence should have been sustained. There is not a particle of evidence tending to show negligence on the part of the defendant.
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Appeal from Jackson Circuit Court. — Hon. J. H. Blover, Judge. (1) The demurrer to the evidence should have been sustained. There is not a particle of evidence tending to show negligence on the part of the defendant. The simple fact that plaintiff was struck by a mail cord (if such was the fact), is no evidence of negligence on the part of defendant’s baggage-man, who was- loading the mail into the ear at the time' the accident is alleged to have occurred. -Cooley on Torts (2 Ed.), p. 92; Sheldon v. Sherman, 42 N. Y. 484; Roynton v. Rees, 9 Pick. 527; Express Co. v. Smith, 33 Ohio St. 511;…
1Opinion of the CourtSmith, P. J.
Action for recovery of damages for personal injuries. The petition alleged that on June 5, 1898, and for a long time prior thereto, he was and had been in the employment of the United States as railway postal clerk, on defendant’s train, running from Kansas City to Joplin, Mis*419ouri, by way of Pleasant Hill, and tbat while in the performance of his duty as such postal clerk in receiving the mail, one of the servants of defendant handled said mail in such a negligent manner that one of the sacks was thrown into plaintiff’s face with such violence as to cause an injury which resulted in the loss…
2Cases cited6 opinions
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Baker v. StonebrakerSupreme Court of Missouri · 1865
- Price v. EvansSupreme Court of Missouri · 1872
- Vautrain v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Cannon v. MooreMissouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Beebe v. Kansas City, MissouriMissouri Court of Appeals · 1929
- Denham Theatre, Inc. v. BeelerSupreme Court of Colorado · 1941
- Gibbs ex rel. Hill v. Poplar Bluff Light & Power Co.Missouri Court of Appeals · 1910
- Ruck v. Milwaukee Brewery Co.Wisconsin Supreme Court · 1912