Legal Opinion

Vogg v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided March 10, 1897PublishedCited by 7 opinions

Appeal fro::i St. Louis Circuit Court. — Hon. W. W. Edwards, Judge. (1) The court erred in sustaining plaintiff’s motion for a new trial on the ground that instruction number 5 given by it at the request of defendant was. erroneous.

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Appeal fro::i St. Louis Circuit Court. — Hon. W. W. Edwards, Judge. (1) The court erred in sustaining plaintiff’s motion for a new trial on the ground that instruction number 5 given by it at the request of defendant was. erroneous. Swain v. Railroad, 28 Pac. 829; McGrew v. Railroad, 109 Mo. 589; Bradford v. Floyd, 80 Mo. 207; R. S. 1889, sec. 2303; Fitzgerald v. Barker, 96 Mo. 665; Hurd v. Atkins, 29 Pae. 528; Patrick v. Skoman, 29 Pac. 21; Cleveland v. Miller, 53 N. W. Rep. 961; Railroad v. Morgan, 32 N. E. Rep. 85; Wallace v. Railroad, 16 S. E. Rep. 36. (2) Defendant’s demurrers to the…

1Opinion of the CourtSherwood, J.

Action by plaintiff for an injury suffered by him on the thirteenth day of August, 1891, in consequence of being struck in the back by a short train of cars, thrown forward on his face and his left ankle run over, necessitating its amputation; for which injury he claimed damages in the sqm of $25,000. The trial occurred in February, 1892.

This suit was instituted in the circuit court of the city of St. Louis, and was transferred to St. Louis county by change of venue granted plaintiff on account of the alleged prejudice of the inhabitants of the city of St. Louis against him.

The negligence…

2Cases cited14 opinions

  1. Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
  2. Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
  3. Noble v. BlountSupreme Court of Missouri · 1883
  4. Fitzgerald v. BarkerSupreme Court of Missouri · 1888
  5. Macfarland v. HeimSupreme Court of Missouri · 1895

9 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
  2. Davies v. People's Railway Co.Supreme Court of Missouri · 1900
  3. Von De Veld v. JudySupreme Court of Missouri · 1898
  4. Barrie v. St. Louis Transit Co.Missouri Court of Appeals · 1903
  5. Davies v. People's Railway Co.Missouri Court of Appeals · 1896

2 more not listed; retrieve them via the Exa API.

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