Copeland v. Wabash Railroad
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — So». E. M. Hughes, Judge. (1) The demurrer to the evidence should have been sustained. Smith v. Railroad, 69 Mo. 32; Flynn v. Railroad, 78 Mo. 202; Huhn v. Railroad, 92 Mo. 448; Epperson v. Tel.
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Appeal from Audrain Circuit Court. — So». E. M. Hughes, Judge. (1) The demurrer to the evidence should have been sustained. Smith v. Railroad, 69 Mo. 32; Flynn v. Railroad, 78 Mo. 202; Huhn v. Railroad, 92 Mo. 448; Epperson v. Tel. Co., 155 Mo. 373; Bailey on Masters’ Liability, p. 14; Cagney v. Railroad, 69 Mo. 423; Bohn v. Railroad, 106 Mo. 433; Blanton v. Dold, 109 Mo. 64; Steinhauser v. Spraul, 127 Mo. 562; Minnier v. Railroad, 66 S. W. 1072. (2) The court should have directed a verdict in favor of the defendant at the close of all of the evidence. Flori v. St. Louis, 69 Mo. 34; Ellet v.…
1Opinion of the Court
BURG-ESS, J. J.
— This is ah action for thirty-five thousand dollars damages alleged to have been sustained by plaintiff, a passenger conductor on defendant’s railroad, by reason of the negligence of defend*655ant company in failing to provide and maintain a bridge which was reasonably safe. The specific allegations of the petition upon which the case was tried are as follows :
1. That said bridge was a pile bridge and on account of the character of the stream and the country ■drained by it, such a bridge at that place was not reasonably safe.
2. That the piling that supported said bridge had become…
2Cases cited7 opinions
- Kerr v. LunsfordWest Virginia Supreme Court · 1888
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- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
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- Harriman v. WilkinsSupreme Judicial Court of Maine · 1841
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