Wendall v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) The case should never have been submitted to the jury and the demurrer of the defendant at the close of the plaintiff’s case and at the close of all of the evidence should have been given. The facts above given are' practically undisputed.
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Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. (1) The case should never have been submitted to the jury and the demurrer of the defendant at the close of the plaintiff’s case and at the close of all of the evidence should have been given. The facts above given are' practically undisputed. (2) Where the facts of a case are undisputed it is the duty of the court to declare whether or not the facts proven constitute negligence, and if in the opinion of the court the negligence of the defendant has not been shown, a demurrer to the evidence should be sustained. Rorer on…
1Opinion of the CourtSmith, P. J.
The defendant is an incorporated railway company which had and maintained in its yard' át Kansas City a track known as “Number 7 Track” and abutting against it on the north side for a distance of about 300 feet was a plank platform, the width of which was about nine feet. On the other side of the platform were two small buildings about twenty-five feet apart, which extended up to and opened upon it In one was a hydrant where the employees performed their ablutions, after which they went into the other where there were lockers in which they kept their clothes.'
The{ platform had been…
2Cases cited10 opinions
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Turner v. HaarSupreme Court of Missouri · 1893
- Saxton v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
- Smith v. Little Pittsburg Coal Co.Missouri Court of Appeals · 1898
- Glover v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1900
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bartholf v. BakerSupreme Court of Florida · 1954
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
- Sager v. Samson Mining Co.Missouri Court of Appeals · 1914
- Hach v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1906
- Halloran v. Pullman Co.Missouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.