Evans v. Missouri Pacific Railroad

This ease comes to the writer on reassignment.

This is an appeal from a judgment of the Circuit Court of the City of St. Louis, wherein the respondent recovered $15,000 for personal injuries received on August 7, 1931, at Pine Bluff, Arkansas.

I. The appellant’s first assignment of error is that the “Court erred in not sustaining the demurrer either at the close of plaintiff’s ease or at the close of the whole case, because there was no proof of any negligence of the defendant.”'

The respondent sought to recover under the res ipsa loquitur doctrine, and also under a right of action based upon a…