Deskins v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — 1Ion. Alonso D. Bnrnes, Judge. It was error for tlie court to sustain the plaintiff’s motion for a new trial. The demurrer'to the evidence was properly sustained. The facts and conditions surrounding the occurrence of which plaintiff complains were testified to by plaintiff herself and show conclusively that plaintiff was guilty of contributory negligence, which caused the injury, if any. Young v. Railroad', 93 Mo.
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Appeal from Clinton Circuit Court. — 1Ion. Alonso D. Bnrnes, Judge. It was error for tlie court to sustain the plaintiff’s motion for a new trial. The demurrer'to the evidence was properly sustained. The facts and conditions surrounding the occurrence of which plaintiff complains were testified to by plaintiff herself and show conclusively that plaintiff was guilty of contributory negligence, which caused the injury, if any. Young v. Railroad', 93 Mo. App. 267; Davis v. Railroad, 159' Mo. 7. (1) In reviewing the question whether a demurrer to the evidence was properly sustained, the view of…
1Opinion of the CourtJohnson, J.
Action by a passenger against a common carrier to recover damages for personal injuries alleged to have been caused by the negligent breach of the carrier’s duty to provide a reasonably safe landing place for the passenger at the end of the transportation. The defense is a general traverse and a plea of contributory negligence. The trial court sustained a demurrer to plaintiff’s evidence and in obedience to a peremptory instruction the jury returned a verdict for defendant. Afterward the court sustained a motion for a new trial filed by plaintiff and defendant, dissatisfied with this ruling,…
2Cases cited9 opinions
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Young v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
- Johnson v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1866
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3Cited by4 opinions
- San Antonio & A. P. Ry. Co. v. WiuvarCourt of Appeals of Texas · 1923
- Fennell v. Illinois Central Railroad CompanyMissouri Court of Appeals · 1964
- Zink v. BoppMissouri Court of Appeals · 1930
- Le Duc v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1911