Leslie v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — A. IT. Waller, Esq., Special Judge. (1) The proof failed to sustain the material aver ments of the petition.
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Appeal from Chariton Circuit Court. — A. IT. Waller, Esq., Special Judge. (1) The proof failed to sustain the material aver ments of the petition. Merle v. Has call, 10 Mo. 406; Burle v. Herrará, 19 Mo. 301; Jones v. Londerman, 39 Mo. 287 ; Harper v. By., 44 Mo. 488 ; Cape Girardeau, etc., v. Kimmel, 58 Mo. 83-; Buffington v. By., 64 Mo. '246; Waldhier v. By., 71 Mo. 514; Edens v. By., 72 Mo. 212; Price v. By., 72 Mo. 414. (2) The second in■struction given for plaintiff was erroneous ; (a) it incorrectly stated the law applicable to carriers of passengers ; ■(b) it directed the attention of…
1Opinion of the CourtBlack, J.
-Plaintiff was a passenger on one of defendant’s trains from a point in Iowa to Brunswick. He sues because of injuries received while getting off at the-latter place. The questions presented arise from the refusal of the court to sustain a demurrer to the evidence, and in giving instructions. Involved in these rulings, it-is contended the plaintiff declared upon one cause of action and was permitted to recover upon another. Plain - tiff had been at Brunswick certainly twice before the-time in question. He testified that the trains stopped three or four times after reaching the city limits;…
2Cases cited9 opinions
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Gilson v. Jackson County Horse Railway Co.Supreme Court of Missouri · 1882
- Jones v. LoudermanSupreme Court of Missouri · 1866
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
28 more not listed; retrieve them via the Exa API.