Jones v. St. Louis-San Francisco Railway Co.

Appeal from. St. Louis City Circuit Court. — Hon. Frank Landwehr, Judge. (1) The demurrer to tlie evidence should have been sustained, and the peremptory instruction requested at the close of the whole case should have been given, (a) Plaintiff’s evidence as to the manner in which he received his injuries is beyond belief and does not comport with either physical facts or laws, (b) The testimony of plaintiff’s witnesses, Warmack and Cooper, that it was the duty of brakemen on defendant’s freight trains to expel trespassers therefrom was based on their conclusions, and hence was incompetent…