Lowenstein v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Son. Hugh Dabbs, Judge. (1) The court erred iu overruling the motion to compel plaintiff to elect on which cause of action set up in the petition he would go to trial. E. S. 1899, secs. 1103, 9554; Clancy v. Transit-Co., 192 Mo. 640; McHugh v. Railroad, 190 Mo. 85; Behen v. Railroad, 186 Mo. 430. (2) The court erred in overruling the defendant’s motion to strike out parts of the plaintiff’s petition. Low-enstein y. Railroad, 110 Mo.
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Appeal from Jasper Circuit Court. — Son. Hugh Dabbs, Judge. (1) The court erred iu overruling the motion to compel plaintiff to elect on which cause of action set up in the petition he would go to trial. E. S. 1899, secs. 1103, 9554; Clancy v. Transit-Co., 192 Mo. 640; McHugh v. Railroad, 190 Mo. 85; Behen v. Railroad, 186 Mo. 430. (2) The court erred in overruling the defendant’s motion to strike out parts of the plaintiff’s petition. Low-enstein y. Railroad, 110 Mo. App. 689. (3) The court erred in admitting improper and illegal evidence on the part of the plaintiff, oyer the defendant’s…
1Opinion of the Court
ELLISON J.
This action is for personal injury received by plaintiff. He recovered in the trial court. Tbe case was here on two former appeals. [110 Mo. App. 686, and 117 Mo. App. 371.]
Tbe defendant maintains a private crossing over its track near its depot in tbe village of Jasper through which its road runs. Tbe crossing is maintained as a means of access to defendant’s depot grounds by persons having business connected with its occupation as a transportation corporation: There is a bay barn and an elevator on its right of way near tbe depot, owned and operated by a private party. This person…
2Cases cited10 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1884
- Shaw v. GoldmanMissouri Court of Appeals · 1906
- Miller v. George B. Peck Dry Goods Co.Missouri Court of Appeals · 1904
- O'Donnell v. PattonSupreme Court of Missouri · 1893
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3Cited by4 opinions
- Adcox v. Western Union Telegraph Co.Missouri Court of Appeals · 1913
- Etchison v. LuskMissouri Court of Appeals · 1917
- Hendrickson v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1910
- Woods v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910