Arnett v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (T) The defendant’s demurrer to the evidence should have been sustained, because the agreement between the Rock Island company operated in law to discharge the Union Pacific. Cooley on Torts, p. 349; Tompkins v. Railroad, 66 Cal. 164; Setcher v. Traction Co., 125 Pa. St. 403; Goss v. JEllison, 136 Mass. 503; Lkldy v. Barney, 2 N. E. Rep. 197; Ellis v. Bittier, 21 Ohio, 295; Allen v. Wheatley, 3 Blackf.
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Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge. (T) The defendant’s demurrer to the evidence should have been sustained, because the agreement between the Rock Island company operated in law to discharge the Union Pacific. Cooley on Torts, p. 349; Tompkins v. Railroad, 66 Cal. 164; Setcher v. Traction Co., 125 Pa. St. 403; Goss v. JEllison, 136 Mass. 503; Lkldy v. Barney, 2 N. E. Rep. 197; Ellis v. Bittier, 21 Ohio, 295; Allen v. Wheatley, 3 Blackf. (Ind.) 332. (2) The said agreement is not ambiguous and parol evidence was inadmissible to show how and why it was executed.…
1Opinion of the CourtEllison, J.
Plaintiff sued defendant for personal injuries inflicted upon him in an accident, while a passenger on defendant’s train. He recovered a judgment in the trial court. It appears that the accident happened in a collision by defendant’s train with a train on defendant’s road, which belonged to, and was *372operated by, the Chicago, Rock Island & Pacific Railway Company, and that plaintiff joined the latter road as a codefendant in this action, alleging their joint wrongful negligence. Shortly before the trial, the plaintiff and the Chicago, Rock Island & Pacific Railway Company entered into the…
2Cases cited15 opinions
- Lovejoy v. MurraySupreme Court of the United States · 1866
- City of Chicago v. BabcockIllinois Supreme Court · 1892
- Parmelee v. LawrenceIllinois Supreme Court · 1867
- Ellis v. EssonWisconsin Supreme Court · 1880
- Knapp v. . RocheNew York Court of Appeals · 1884
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3Cited by10 opinions
- Matheson v. O'KaneMassachusetts Supreme Judicial Court · 1912
- Lisle v. AndersonSupreme Court of Oklahoma · 1916
- Dahlstrom v. . GemunderNew York Court of Appeals · 1910
- Aherron v. St. John's Mercy Medical CenterSupreme Court of Missouri · 1986
- Parry Manufacturing Co. v. CrullIndiana Court of Appeals · 1913
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