Legal Opinion

Sissel v. St. Louis & San Francisco Railroad

Supreme Court of Missouri

Decided November 25, 1908PublishedCited by 19 opinions

Appeal from Greene Circuit Court. — Row. Jas. T. Neville, Judge. (1) 1. A demurrer to the evidence admits every fact put in evidence by the opposing’ party and every reasonable inference from every such fact. Lynch v. Railroad (Mo.), 106 S. W. 74. 2. Under the pleadings in this cause there is but one issue, which is, “Did the deceased voluntarily bring his death upon himself?” State ex inf. v. Delmar Jockey Club (Mo.

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Appeal from Greene Circuit Court. — Row. Jas. T. Neville, Judge. (1) 1. A demurrer to the evidence admits every fact put in evidence by the opposing’ party and every reasonable inference from every such fact. Lynch v. Railroad (Mo.), 106 S. W. 74. 2. Under the pleadings in this cause there is but one issue, which is, “Did the deceased voluntarily bring his death upon himself?” State ex inf. v. Delmar Jockey Club (Mo. Sup.), 98 S. W. 539.. 3. To charge that an act was voluntarily done is to exclude the charge that it was negligently done. 4. The statement of the legal conclusion that plaintiff…

1Opinion of the CourtGraves, J.

Action by the widow of George Sissel, deceased, for the alleged negligent and wrongful killing of her husband by one of defendant’s trains, and damages laid at the sum of $5',000. The petition, after the formal charges of the corporate existence of defendant and the business in which it was engaged, avers that for ten days prior to the date of the accident, alleged to be September 16, 1904, deceased had been in the employ of the defendant as section hand, and at the date of the accident was engaged in work upon its railroad tracks. The petition is exceedingly long, but the negligence charged…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
  2. Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
  3. Milburn v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
  4. Hinzeman v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
  5. Hinzeman v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906

3Cited by19 opinions

  1. Kleinlein v. FoskinSupreme Court of Missouri · 1929
  2. Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
  3. Iman v. Walter Freund Bread Co.Supreme Court of Missouri · 1933
  4. Atlantic Coast Line Railroad v. McCormickSupreme Court of Florida · 1910
  5. Grubbs v. Kansas City Public Service Co.Supreme Court of Missouri · 1931

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