Walker v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The petition does not state a cause of action, and the court erred in overruling defendant’s objection to the introduction of any evidence, (a) As the petition charges that the operatives of the engine conld have seen the decedent on the track, it necessarily follows from snch alleged fact that the decedent, by looking conld have seen the engine; therefore, in failing to see the engine, and allowing…
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) The petition does not state a cause of action, and the court erred in overruling defendant’s objection to the introduction of any evidence, (a) As the petition charges that the operatives of the engine conld have seen the decedent on the track, it necessarily follows from snch alleged fact that the decedent, by looking conld have seen the engine; therefore, in failing to see the engine, and allowing himself to be struck thereby, decedent was guilty of contributory negligence, which is a bar to. recovery, notwithstanding…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— Learned counsel for appellant, both orally and by printed brief, have argued the case with great ability, and have presented many grounds on which they claim the judgment should be reversed. ,Their main contentions, however, and those on which we think the case turns, are covered by their first ground, in which it is argued that the petition does not state a cause of action and that the court erred in overruling defendant’s objection to the introduction of any evidence.
It is urged under this, that as the petition charges that.the operatives of the engine could have…
2Cases cited14 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- State ex rel. Bixby v. City of St. LouisSupreme Court of Missouri · 1912
- Bender v. WeberSupreme Court of Missouri · 1913
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3Cited by1 opinion
- Brimer v. DavisMissouri Court of Appeals · 1922