Mitchell v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from. Audrain Circuit Court. — No». Jas. D. Barnett, Judge. Defendant’s peremptory instruction should have been given because plaintiff failed to prove any negligence on the part of defendant. Not a witness pretends to testify that any improper thing was done by the train crew in making the coupling in question.
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Appeal from. Audrain Circuit Court. — No». Jas. D. Barnett, Judge. Defendant’s peremptory instruction should have been given because plaintiff failed to prove any negligence on the part of defendant. Not a witness pretends to testify that any improper thing was done by the train crew in making the coupling in question. Hedrick v. Railroad, 195 Mo. 104; Wait v. Railroad, 165 Mo. 612; Bartlfey v. Railroad, 148 Mo. 124; Hite v. Railroad, 180 Mo. 132; Portuchek v. Railroad, 101 Mo. App. 52; Erwin v. Railroad, 94 Mo. App. 291; Saxton v. Railroad, 98 Mo. App. 494; Shields v. Railroad, 87 Mo. App.…
1Opinion of the CourtNoetoni, J.
This is an action for damages alleged to have accrued to plaintiff because of personal injuries received through being precipitated from his seat in the caboose of defendant’s freight train. Plaintiff recovered and defendant prosecutes the appeal.
The evidence tended to prove that defendant maintains a branch line of its railroad from Mexico to Cedar City in this State, upon which it operates a a freight train with a caboose attached for the pur*146pose of carrying passengers. The plaintiff became a passenger on this train at New Bloomfield, destined to the city of Mexico. ' The caboose is…
2Cases cited17 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Dougherty v. Missouri Pacific RailroadMissouri Court of Appeals · 1881
- Bartley v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1899
- Guffey v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1893
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3Cited by17 opinions
- Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
- Shamp v. LambertMissouri Court of Appeals · 1909
- White v. SpreckelsCalifornia Court of Appeal · 1909
- Cunningham v. Wabash RailroadMissouri Court of Appeals · 1912
- Connor v. Wabash RailroadMissouri Court of Appeals · 1910
12 more not listed; retrieve them via the Exa API.