Davidson v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Barton Circuit Court. — Hon. B. O. Thurman¡ Judge. (1) The court erred in refusing to sustain defendant’s requested instruction in the nature of a demurrer to the evidence offered at the close of plaintiff’s case and again at the close of all the evidence in the case. Sanquinette v. Railroad, 196 Mo. 466; Porter v. Railroad, 199 Mo. 97; Walker v. Railroad, 193 Mo. 478; Mockowick v. Railroad, 196 Mo. 568; Stotler v. Railroad, 204 Mo. 619; Gumm v. Railroad, 141 Mo.
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Appeal from Barton Circuit Court. — Hon. B. O. Thurman¡ Judge. (1) The court erred in refusing to sustain defendant’s requested instruction in the nature of a demurrer to the evidence offered at the close of plaintiff’s case and again at the close of all the evidence in the case. Sanquinette v. Railroad, 196 Mo. 466; Porter v. Railroad, 199 Mo. 97; Walker v. Railroad, 193 Mo. 478; Mockowick v. Railroad, 196 Mo. 568; Stotler v. Railroad, 204 Mo. 619; Gumm v. Railroad, 141 Mo. App. 306; Schauh v. Railroad, 133 Mo. App. 444; Grout v. Railroad, 125 Mo. App. 552; Holwerson v. Railroad, 157 Mo.…
1Opinion of the CourtNixon, P. J.
On March 18, 1910, after sundown and about dusk, respondent was driving a team hitched to a buggy on a public highway in Jasper county where the same crossed the track of appellant’s railroad, and his team became frightened at appellant’s freight train and ran away, and he was permanently injured. He instituted this suit for damages, alleging that the agents and servants of the appellant in charge of the train failed to give any statutory signals for the crossing, and also that they negligently and carelessly permitted an unusual amount of steam to escape from the engine on such highway,…
Also in this document: Concurrence.
2Cases cited35 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Gregory v. ChambersSupreme Court of Missouri · 1883
- State ex inf. Crow v. Firemen's Fund InsuranceSupreme Court of Missouri · 1899
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3Cited by8 opinions
- Williamson v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- State Ex Rel. Terminal Railroad v. FlynnSupreme Court of Missouri · 1953
- Hamilton v. Patton Creamery Co.Supreme Court of Missouri · 1949
- Phillips v. StockmanMissouri Court of Appeals · 1961
- Rattie v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1927
3 more not listed; retrieve them via the Exa API.