Legal Opinion

Warden v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided April 15, 1889PublishedCited by 2 opinions

Appeal from the Cass Circuit Court. — Hon. C. W. Sloan, Judge. Statement of the case. The defendant on the twenty-first day of July, A. D. 1887, owned and operated the L. & S. division of the Missouri Pacific Railroad Company. It also operated the Missouri Pacific Railway. The passenger trains on each road made connection at Pleasant Hill, the two trains meeting on parallel tracks in front of appellant’s depot at its station at Pleasant Hill.

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Appeal from the Cass Circuit Court. — Hon. C. W. Sloan, Judge. Statement of the case. The defendant on the twenty-first day of July, A. D. 1887, owned and operated the L. & S. division of the Missouri Pacific Railroad Company. It also operated the Missouri Pacific Railway. The passenger trains on each road made connection at Pleasant Hill, the two trains meeting on parallel tracks in front of appellant’s depot at its station at Pleasant Hill. Plaintiffs were residents of Pleasant Hill. On July 21, A. D. 1887, plaintiff, Bettie P. Warden, with her husband, purchased tickets and boarded the…

1Opinion of the CourtGill, J.

The foregoing statement of the case we have taken almost entire from that of the plaintiff, as we find by reading the record, it is in the main a fair presentation of the same. To say the least, the evidence tends very strongly to sustain such statement, and since, on this appeal, we are only called upon to pass on the legal effect of the reasonable tendency of plaintiff’s evidence, we are justified in adopting a statement of what that evidence tends to prove.

Defendant’s counsel ask a reversal of this case on the ground that under the evidence she was not entitled to recover, that, in any…

2Cases cited7 opinions

  1. Terre Haute & Indianapolis Railroad v. BuckIndiana Supreme Court · 1884
  2. McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  3. Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
  4. Wilson v. Northern Pacific RailroadSupreme Court of Minnesota · 1879
  5. Forsyth v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870

2 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Atkinson v. Pacific Railway Co.Court of Appeals of Kansas · 1901
  2. Payne Ex Rel. Copeland v. DavisSupreme Court of Missouri · 1923

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