Rice v. Wabash Railroad
Missouri Court of Appeals
Appeal from Mongomery Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The demurrer to the evidence should have been sustained. Yarnall v. Railroad, 113 Mo. 570; Henry v. Railroad, 113 Mo. 525; Harvey v. Railroad, 6 Mo. App. 585; Moore v. Railroad, 28 Mo. App. 628. (2) The trial court should have directed a verdict in the defendant’s favor at the close of the whole case. Authorities cited under point 1, supra.
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Appeal from Mongomery Circuit Court. — Hon. Elliott M. Hughes, Judge. (1) The demurrer to the evidence should have been sustained. Yarnall v. Railroad, 113 Mo. 570; Henry v. Railroad, 113 Mo. 525; Harvey v. Railroad, 6 Mo. App. 585; Moore v. Railroad, 28 Mo. App. 628. (2) The trial court should have directed a verdict in the defendant’s favor at the close of the whole case. Authorities cited under point 1, supra. (3) The court gave erroneous instructions at the plaintiff’s request and of its own motion. Ampleman v. Ins. Co., 35 Mo. App. 308; Shoe Co. v. Bain, 46 Mo. App. 581; Devitt v.…
1Opinion of the CourtGoode, J.
Plaintiff was hurt by being knocked off a handcar running on the track of the defendant company as he claims, or by slipping off, as the defendant claims. Two handcars started out from the station of New Elorenee in the afternoon of a summer day with a number of section hands on each car going to their work on the line from which they had been driven to shelter by a passing shower. Plaintiff was on the front car and so was the section foreman, Taylor. The two cars were run close together by direction of said foreman, or, as he testified, touching each other.
There is a strong conflict of…
2Cases cited7 opinions
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
- Gilson v. Jackson County Horse Railway Co.Supreme Court of Missouri · 1882
- McKnight v. Iowa & Minnesota R. Construction Co.Supreme Court of Iowa · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sepetowski v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Peters v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Barrie v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Miller v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915
- Overton v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1905
5 more not listed; retrieve them via the Exa API.