Singer v. St. Louis, Kansas City & Colorado Railroad
Missouri Court of Appeals
Appeal from Miller Circuit Court. — Nor. W. H. Martin, Judge. The court committed error in refusing to give the defendant’s demurrer to the evidence. First: Because the plaintiff assumed the risk of danger to himself and son riding on the car. Lee v. Railroad, 112 Mo. App. 372; Nugent v. Milling Co., 131 Mo. 245; Mathis v. Stock Yards Co., 185 Mo. 434; Kleine v. Clothing Co., 91 31 o. App. 102; Gothron v. Packing Co., 98 Mo.
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Appeal from Miller Circuit Court. — Nor. W. H. Martin, Judge. The court committed error in refusing to give the defendant’s demurrer to the evidence. First: Because the plaintiff assumed the risk of danger to himself and son riding on the car. Lee v. Railroad, 112 Mo. App. 372; Nugent v. Milling Co., 131 Mo. 245; Mathis v. Stock Yards Co., 185 Mo. 434; Kleine v. Clothing Co., 91 31 o. App. 102; Gothron v. Packing Co., 98 Mo. App. 343; 2 Thompson on Neg., 1008. Second: Because the plaintiff’s son was emancipated and plaintiff was not entitled to recover for the loss of his time. Dunn v.…
1Opinion of the CourtEllison, J.
Plaintiff brought this action against defendant charging that he and his minor son received personal injuries by falling from a defective handcar while in the employ of defendant. The jury found against plaintiff as to any injury or damage to himself, but found for him on account of injury to, and consequent loss of services of his son.
*115We regard the judgment in the trial court as manifestly for the right party and the amount of the verdict as reasonable. The instructions for the plaintiff were without fault and all asked by the defendant were given except its demurrer to the evidence.
It is…
2Cases cited1 opinion
- Zongker v. People's Union Mercantile Co.Missouri Court of Appeals · 1905
3Cited by6 opinions
- Scanlon v. Kansas CitySupreme Court of Missouri · 1930
- Spurgeon v. Mission State BankCourt of Appeals for the Eighth Circuit · 1945
- Brosius v. BarkerMissouri Court of Appeals · 1911
- Memphis Steel Const. Co. v. Lister ex rel. ListerTennessee Supreme Court · 1917
- Beebe v. Kansas City, MissouriMissouri Court of Appeals · 1929
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