Taylor v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hoh. John- P. Strother, Judge. The case is stated in the opinion. I. Defendant’s objection to the introduction of any evidence, because the petition fails to state a cause of action, and shows, upon its face, such contributory negligence as precludes a recovery, should have been sustained.
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Appeal from Pettis Circuit Court, Hoh. John- P. Strother, Judge. The case is stated in the opinion. I. Defendant’s objection to the introduction of any evidence, because the petition fails to state a cause of action, and shows, upon its face, such contributory negligence as precludes a recovery, should have been sustained. Doss v. Railroad, 59 Mo. 37; Nelson v. Railroad, 68 Mo. 593; Kelley v. Railroad, 70 Mo. 604 ; Price v. Railroad, 72 Mo. 418; Strauss v. Railroad, 75 Mo. 185 ; Heoiry v. Railroad, 76 Mo. 293; Leslie v. Railroad, 88 Mo. 56; Railroad v. Aspell, 23 Pa. St. 147; Railroad v.…
1Opinion of the CourtEllisoh, J.
This is an action for personal injury. Plaintiff recovered judgment for two thousand dollars, and defendant appeals.
Defendant offered no evidence at the trial, and but ■one instruction, which was in the nature of a demurrer to the testimony. The material portion of the petition was as follows:
“That, on the morning of May 2, 1883, the plaintiff purchased a ticket from defendant’s ticket agent at the town of LaMonte, in said county (Pettis), authorizing him, the said plaintiff, to ride upon defendant’s cars from LaMonte to Sedalia, in said Gounty, and return to said town of LaMonte, and that…
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2Cases cited7 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Leslie v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Milburn v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Denver Tramway Co. v. ReidSupreme Court of Colorado · 1896
- Foster v. SwopeMissouri Court of Appeals · 1890
- State ex rel. Savings Trust Co. v. HallenMissouri Court of Appeals · 1912
- Schultze v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Duffy v. St. Louis Transit Co.Missouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.