McDonald v. Kansas City & Independence Rapid Transit Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) In Gratiot v. Railroad, 116 Mo. 466, Judge Burgess, speaking for the court, said: “In considering the instruction in the nature of a demurrer to the evidence, every reasonable intendment in favor of plaintiff to be drawn from tbe evidence offered by bim must be indulged, and the evidence introduced in his behalf regarded as absolutely true.”
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Appeal from Jackson Circuit Court. (1) In Gratiot v. Railroad, 116 Mo. 466, Judge Burgess, speaking for the court, said: “In considering the instruction in the nature of a demurrer to the evidence, every reasonable intendment in favor of plaintiff to be drawn from tbe evidence offered by bim must be indulged, and the evidence introduced in his behalf regarded as absolutely true.” Miller v. Bail-road, 90 Mo. 394; Kellogg v. Railroad, 26 Wis. 223; Higgins v. Dewey,. 107 Mass. 494; Memphis, etc., v. Whitfield, 44 Miss. 466; Railroad v. Kendrick, 90 Am.’ Dec. 332; Bowen v. Railroad, 72 Am. Dec.…
1Opinion of the Court
DIVISION ONE.
Black, P. J.
The plaintiff brought this suit to recover $5,000 damages for the death of her husband. The trial court sustained a demurrer to the plaintiff’s evidence, and this ruling presents the only question before us. In other words, the question is, whether plaintiff made out a case for the jury.
The defendant owns and operates a railroad from Kansas City to Independence, a distance of about eight or ten miles. The cars are propelled by steam power, and the road is called the dummy line. There are two tracks, the south one being used by trains going from Kansas City to…
2Cases cited1 opinion
- Bucher v. New York Central & Hudson River RailroadNew York Court of Appeals · 1885
3Cited by4 opinions
- Sanguinett v. WebsterSupreme Court of Missouri · 1900
- Sisk v. American Central Fire InsuranceMissouri Court of Appeals · 1902
- Ward v. Robert J. Boyd Paving & Contracting Co.U.S. Circuit Court for the District of Western Missouri · 1897
- City of Kansas v. ZahnerMissouri Court of Appeals · 1898