Crowley v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The defendant’s demurrer to the evidence at the close of the plaintiff’s case should have been sustained, as the plaintiff ’ s own testimony discloses such contributory negligence on his part as will preclude a recovery herein.
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Appeal from the St. Louis Circuit Court, Shepard Barclay, Judge. The defendant’s demurrer to the evidence at the close of the plaintiff’s case should have been sustained, as the plaintiff ’ s own testimony discloses such contributory negligence on his part as will preclude a recovery herein. Hixson v. Railroad, 80 Mo. 335; Turner v. Railroad, 74 Mo. 602 ; Taylor v. Railroad, ■86 Mo. 457 ; Henze v. Railroad, 71 Mo. 636 ; Stepp v¡ Railroad, 85 Mo. 235; Milburn v. Railroad, 86 Mo. 110. The court erred in refusing the instructions asked by the defendant. Railroad v. Beale, 73 Pa. St. 504; s. ■o.,…
1Opinion of the CourtRombauer, J.
This is an action to recover damages for personal injuries. There ivas a verdict for the plaintiff for fifteen hundred dollars, which was reduced by remittitur to eight hundred dollars, for which amount judgment was entered.
The negligence of the defendant company stands admitted by all the testimony, and the only two questions presented by the record are : (1) Whether .the plaintiff was admttedly guilty of such contributory negligence as to debar him from recovery as a matter of law % (2) Whether the court erred in refusing the de: fendant’s instructions on the question of contributory…
2Cases cited3 opinions
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Dunn v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1886
- Clark v. Famous Shoe & Clothing Co.Missouri Court of Appeals · 1885
3Cited by2 opinions
- Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Chicago, St. Louis & Pittsburgh Railroad v. ButlerIndiana Court of Appeals · 1894