Clotworthy v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. The demurrer to tire evidence should have been sustained. Burrows v. Erie B’y Go., 63 N. Y. 556; Bonney on Ely Carriers, p. 132-. Plaintiff’s third instruction as to the measure of damages is erroneous. Thompson on Car. of Pass., § 23, p. 5*70. The instructions taken as a whole are more liberal for defendant than authorized by law.
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Appeal from Macon Circuit Court. — Hon. Andrew Ellison, Judge. The demurrer to tire evidence should have been sustained. Burrows v. Erie B’y Go., 63 N. Y. 556; Bonney on Ely Carriers, p. 132-. Plaintiff’s third instruction as to the measure of damages is erroneous. Thompson on Car. of Pass., § 23, p. 5*70. The instructions taken as a whole are more liberal for defendant than authorized by law. Swigert v. Railroad Go., 75 Mo. 475; Straus v. Railroad Go., 75 Mo. 185; Kelly v. Railroad Go., 70 Mo. 604 ; Doss v. Railroad Go., 59 Mo. 27 ; Smith v. Railway Co., 61 Mo. 588 ; Barton v. Railroad Go.,…
1Opinion of the Court
Ewing, C.
Suit for damages for personal injury by being thrown from a car by negligent and careless starting of the train before plaintiff' could get off'. That the train stopped too short a time for plaintiff to get off safely. That as soon as the train stopped plaintiff', with all due diligence, proceeded to get off', but before she could reach the platform the train suddenly started, whereby plaintiff' was violently thrown upon the platform, by reason of which carelessness, etc., plaintiff was “ greatly wounded, bruised, huid and made sick, as well as greatly frightened and terrified, and…
2Cases cited5 opinions
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Swigert v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
- Tutt v. CloneySupreme Court of Missouri · 1876
- St. Vrain v. Columbia Bottom Levee Co.Supreme Court of Missouri · 1874
3Cited by7 opinions
- Chicago, Burlington & Quincy Railroad v. LandauerNebraska Supreme Court · 1893
- Raben v. Central Iowa R'y Co.Supreme Court of Iowa · 1887
- Murphy v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1891
- Westervelt v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Owens v. Wabash Railway Co.Missouri Court of Appeals · 1900
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