Robertson v. Wabash Railroad
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) The demurrer to the evidence should have been sustained. Railroad v. Skertle, 97 Pa; St. 450; Moore v. Railroad, 28 Mo. App. 622; Hyde v. Railroad, 110 Mo. 272, (2) The court admitted incompetent testimony. Duke v. Railroad, 99 Mo. 347; Smith v. Railroad, 108 Mo. 243; Morris v. Grand Ave.
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Appeal from Carroll Circuit Court. — Hon. W. W. Rucker, Judge. (1) The demurrer to the evidence should have been sustained. Railroad v. Skertle, 97 Pa; St. 450; Moore v. Railroad, 28 Mo. App. 622; Hyde v. Railroad, 110 Mo. 272, (2) The court admitted incompetent testimony. Duke v. Railroad, 99 Mo. 347; Smith v. Railroad, 108 Mo. 243; Morris v. Grand Ave. R’y, 46 S. W. Rep. 170. (3) The court gave improper instructions a.t plaintiff’s request, (a) They are not based upon the issues tendered in the petition. Ely v. Railroad, 77 Mo. 34; Haynes v. Railroad, 108 Mo. 123. (b) They are not founded…
1Opinion of the CourtBurgess, J.
This is an action for damages alleged to have been sustained by plaintiff by reason of the negligence of defendant in failing to keep its depot platform in a reasonably safe condition, and the negligence of its servants and agents in assisting her on one of its trains.
There were originally two counts in the petition, but the second one was dismissed, and the case tried upon the first. It alleges that plaintiff, intending to become a passenger on one of defendant’s trains, and having purchased a ticket for that purpose of said defendant, at Wakenda station, Carroll county, Missouri, on the…
2Cases cited11 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Plank v. SummersCourt of Appeals of Maryland · 1954
- Jablonowski v. Modern Cap Manufacturing Co.Supreme Court of Missouri · 1925
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Longan v. WeltmerSupreme Court of Missouri · 1904
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
23 more not listed; retrieve them via the Exa API.