Ferguson v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Gasconade Circuit Court. — Hon. R. Steele Ryors, Judge. (1) In passing on the action of the court in sustaining the demurrer to the evidence at the close of plaintiff’s case, the evidence and every reasonable deduction to be drawn therefrom which tended to support the cause of action must be considered as true, and every reasonable inference to be drawn from the testimony must be in plaintiff’s favor.
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Appeal from Gasconade Circuit Court. — Hon. R. Steele Ryors, Judge. (1) In passing on the action of the court in sustaining the demurrer to the evidence at the close of plaintiff’s case, the evidence and every reasonable deduction to be drawn therefrom which tended to support the cause of action must be considered as true, and every reasonable inference to be drawn from the testimony must be in plaintiff’s favor. Buckley v. Kansas City, 156 Mo. 16; Panck v. Beef & Provision Co., 159 Mo. 467; Baxter v. Transit Co., 103 Mo. App. 597; Ladd v. Williams, 104 Mo. App. 390; Forbes v.…
1Opinion of the CourtBroaddus, P. J.
The plaintiff’s suit is to recover damages for injuries received while a passenger on defendant’s railroad. The train on which plaintiff was a passenger was a mixed train composed of two cars loaded with iron ore and one passenger coach, the two former being in front of the latter. The cars loaded with ore immediately' in front of the passenger coach *593were both derailed and overturned and the plaintiff was injured.
The evidence showed that the derailment was caused by a break in a flange of one of the wheels of a car loaded with iron ore. It was shown that there had been no inspection of the…
2Cases cited12 opinions
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Kenefick v. City of St. LouisSupreme Court of Missouri · 1895
- Springfield Foundry & Machine Co. v. ColeSupreme Court of Missouri · 1895
- Hamilton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
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