Johnston v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Franklin Circuit Court. — Eon. R. 8. Ryors, Judge. (1) If tbe injury may have resulted from one of tlie two causes, for one of which and not the other, the defendant is liable, the plaintiff must show with reasonable certainty that the cause for which the defendant is liable produced the result, and if the evidence leaves it to conjecture, the plaintiff must fail in this action. Warner v. Railroad, 178 Mo. 125; Browning v. Railroad, 106 Mo.
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Appeal from Franklin Circuit Court. — Eon. R. 8. Ryors, Judge. (1) If tbe injury may have resulted from one of tlie two causes, for one of which and not the other, the defendant is liable, the plaintiff must show with reasonable certainty that the cause for which the defendant is liable produced the result, and if the evidence leaves it to conjecture, the plaintiff must fail in this action. Warner v. Railroad, 178 Mo. 125; Browning v. Railroad, 106 Mo. App. 729; Goransson v. Mfg. Co., 186 Mo. 300; McGrath v. Transit Co., 197 Mo. 97; Purcell v. Shoe Co., 187 Mo. 276; Caudle v. Kirkbridge, 117…
1Opinion of the CourtNortoni, J.
This is a suit for damages under the wrongful death statute. Plaintiff recovered and defendant prosecutes the appeal.
It appears plaintiff’s husband was a passenger on defendant’s train en route from Wichita, Kansas, to Crocker, Missouri, and came to his death by falling through the door of an open vestibule on the car in which he was riding. The principal argument on appeal relates to the sufficiency of the proof made with respect to the negligence of the defendant and the proximate cause of the injuries. The relevant facts pertaining to these matters are that plaintiff’s husband in company…
2Cases cited23 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
18 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. ConleyTexas Supreme Court · 1924
- Gulf, C. & S. F. Ry. Co. v. ConleyTexas Supreme Court · 1924
- The Pennsylvania Railroad Company v. Robert Livingston Pomeroy, of the Estate of Elizabeth Eagan PomeroyCourt of Appeals for the D.C. Circuit · 1957
- Duboise v. Railway Express Agency, Inc.Supreme Court of Missouri · 1966
- Bongner v. ZiegenheinMissouri Court of Appeals · 1912
14 more not listed; retrieve them via the Exa API.