Allison v. St. Louis & Hannibal Railway Co.
Missouri Court of Appeals
Appeal from Ralls Circuit Court. — Eon. David E. Fby, Judge. (1) The court should have given the instruction asked by defendant in the nature of a demurrer to the evidence at the close of the evidence, for the reason that the plaintiff was guilty of contributory negligence as shown by her. own and her witness’ testimony to the effect that she was suffering from nervous troubles, had been half a dozen times under physician’s care when she was apparently unconscious from…
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Appeal from Ralls Circuit Court. — Eon. David E. Fby, Judge. (1) The court should have given the instruction asked by defendant in the nature of a demurrer to the evidence at the close of the evidence, for the reason that the plaintiff was guilty of contributory negligence as shown by her. own and her witness’ testimony to the effect that she was suffering from nervous troubles, had been half a dozen times under physician’s care when she was apparently unconscious from nervous trouble, and yet she stood in the doorway of the coach attached to a freight train where she knew a jolt from…
1Opinion of the CourtNortoni, J.
— This is á suit for damages accrued to plaintiff on account of personal injuries received *76through defendant’s negligence. Plaintiff recovered and defendant prosecutes the appeal.
Defendant is a common carrier of passengers between the cities of Hannibal and New London, Missouri, and at the time of her injury, December 12th, plaintiff was a passenger on its mixed train. The train consisted of a locomotive, four freight cars, a baggage car and a passenger coach attached as the rear car in the formation of the train. Plaintiff took passage at Hannibal about four o’clock in the afternoon for her…
2Cases cited7 opinions
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Magrane v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Baltimore Transit Co. v. Sun Cab Co.Court of Appeals of Maryland · 1956
- Taylor v. Bamberger Electric R.Utah Supreme Court · 1923
- Farmer v. St. Louis, Iron Mountain & Southern RailwayMissouri Court of Appeals · 1913