Cahill v. Chicago & Alton Railway Co.
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Row. A. R. Waller, Judge. Defendant’s demurrer to plaintiff’s evidence and its peremptory instruction should have been given. Aerkfetz v. Humphreys, 145 IT. S. 418; Riccio v. Railroad, 189 Mass. 358; Lynch v. • Railroad, 159 Mass. 536; Keefe v. Railroad, 92 Iowa 182. (1) Plaintiff’s first instruction properly declared the law.
Read the full summary
Appeal from Randolph Circuit Court. — Row. A. R. Waller, Judge. Defendant’s demurrer to plaintiff’s evidence and its peremptory instruction should have been given. Aerkfetz v. Humphreys, 145 IT. S. 418; Riccio v. Railroad, 189 Mass. 358; Lynch v. • Railroad, 159 Mass. 536; Keefe v. Railroad, 92 Iowa 182. (1) Plaintiff’s first instruction properly declared the law. The presumption of due care always obtains in favor of the plaintiff in the absence of testimony to the contrary. Meadows v. Ins. Co., 129 Mo. 76; Flynn v. Railroad, 78 Mo. 212; Buesching v. St. Louis Gas Light Co., 73 Mo. 233;…
1Opinion of the CourtBurgess, J.
Plaintiff, the widow of James Cahill, deceased, brought this suit in the circuit court of Randolph county, at Moberly, Missouri, against the appellant and one Rufus McCormick, the locomotive engineer of said company, for five thousand dollars damages, for negligently and carelessly backing upon and over deceased one of the engines and tenders of defendant company, of which said McCormick was at the time in charge and control as the servant of the company, and killing him, said Cahill.
The accident occurred on the morning of February. 15, 1903, and suit was begun on July 25, 1903.
On the first…
2Cases cited24 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Baltimore & Potomac R. Co. v. LandriganSupreme Court of the United States · 1903
19 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- State Ex Rel. Alton Railroad Co. v. ShainSupreme Court of Missouri · 1940
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
17 more not listed; retrieve them via the Exa API.