Shields v. Kansas City Suburban Belt Railway
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The court erred in permitting plaintiff and his witness, R. J. Morton, to state their opinions and conclusions. Krueger v. Railroad, 84 Mo.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) The court erred in permitting plaintiff and his witness, R. J. Morton, to state their opinions and conclusions. Krueger v. Railroad, 84 Mo. App. 358; and authorities there cited; Rutledge v. Railroad, 110 Mo. 312, 321. (2) There was a variance between the allegations of the petition and the proof offered; the former counted on a duty to give plaintiff “information or warning” of the failure to uncouple the cars. In the evidence, however, the attempt is only to show the hind of stop signal that should have been made, and no…
1Opinion of the CourtSmith, P. J.
This is an action by the plaintiff against the defendant to recover damages for personal injuries received by the former on account of the negligence of the latter. The negligence is alleged in the plaintiff’s petition in this way:
*640“That plaintiff at the time of the happening of said grievances, and at all times mentioned herein, was under the exclusive orders, direction and control of his said foreman who was at all said times in charge of said switch crew for defendant and in charge of the switching of said train mentioned herein. That said foreman for defendant directed said switch crew…
2Cases cited7 opinions
- Southwestern Freight & Cotton Press Co. v. StanardSupreme Court of Missouri · 1869
- Ford v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Bartley v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1899
- Guffey v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1893
- Pryor v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Goslin v. KurnSupreme Court of Missouri · 1943
- Katz v. North Kansas City Development Co.Missouri Court of Appeals · 1929
- Pankey v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914
- Tuttle v. Kline's, Inc.Missouri Court of Appeals · 1935
- McMiens v. United Railways Co.Supreme Court of Missouri · 1918
5 more not listed; retrieve them via the Exa API.