Morris v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Eon. Charles B. Paris, JudF«. (1) Instruction number one, given on behalf of plaintiff, is erroneous: ' Because it submitted to the jury a mixed question of law and fact, whether the train employees ejected plaintiff from the train “without any justification or excuse.” Boot & Shoe Co. v. Bain, 46 Mo. App. 581; Clem v. Railroad, 119 Mo.
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Appeal from Pemiscot Circuit Court. — Eon. Charles B. Paris, JudF«. (1) Instruction number one, given on behalf of plaintiff, is erroneous: ' Because it submitted to the jury a mixed question of law and fact, whether the train employees ejected plaintiff from the train “without any justification or excuse.” Boot & Shoe Co. v. Bain, 46 Mo. App. 581; Clem v. Railroad, 119 Mo. App. 249; Allen v. Transit Co., 183 Mo. 411; Neff v. City of Cameron, 213 Mo. 365. Because it fails to define the terms “without any justification or excuse.” No other instruction was given defining these terms, and the…
1Opinion of the Court
ALLEN", J.
Plaintiff sues for damages alleged to have accrued to her by reason of being wrongfully ejected from a passenger train of. the defendant, such ejection being accompanied by alleged abusive and insulting language on the part of defendant’s servants. There was a verdict and judgment below for plaintiff, in the sum of five hundred dollars, and the defendant prosecutes the appeal.
On or about March 5,1911, plaintiff, together with her husband, undertook to take passage upon one of defendant’s passenger trains at Hayti, Missouri, for transportation as passengers thereon to the city of St.…
2Cases cited11 opinions
- Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- McFern v. GardnerMissouri Court of Appeals · 1906
- Boling v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1905
- Kischman v. ScottSupreme Court of Missouri · 1901
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3Cited by3 opinions
- Brisboise v. Kansas City Public Service Co.Supreme Court of Missouri · 1957
- Davis v. Terminal Railroad of St. LouisSupreme Court of Missouri · 1956
- O'Neil v. the Pullman Co.Missouri Court of Appeals · 1924