Legal Opinion

Miller v. United Railways Co.

Missouri Court of Appeals

Decided February 21, 1911PublishedCited by 45 opinions

Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) A demurrer to the plaintiff’s evidence should be sustained upon his failure to prove the specific acts of negligence alleged. Davidson v. St. Louis Transit Co., 211 Mo. 320; Kellogg v. Kirksville, 132 Mo. App. 519; Smith v. Railroad, 126 Mo. App. 120; McCarty v. Rood Hotel Co., 144 Mo. 397; Price v. Railroad, 72 Mo. 414; Hurley v. Railroad, 57 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. (1) A demurrer to the plaintiff’s evidence should be sustained upon his failure to prove the specific acts of negligence alleged. Davidson v. St. Louis Transit Co., 211 Mo. 320; Kellogg v. Kirksville, 132 Mo. App. 519; Smith v. Railroad, 126 Mo. App. 120; McCarty v. Rood Hotel Co., 144 Mo. 397; Price v. Railroad, 72 Mo. 414; Hurley v. Railroad, 57 Mo. App. 675; Bohn v. Railroad, 106 Mo. 429; Current v. Railroad, 86 Mo. 62; Kennedy v. Railroad, 128 Mo. App. 297; Debolt v. Railroad, 123 Mo. 496; Hite v. Railroad, 130 Mo. 132;…

1Opinion of the CourtNortoni, J.

This is a suit for damages accrued to plaintiff on account of personal injuries received through the separate negligent acts of the two defendants, which concurred in inflicting his hurt. Plaintiff recovered against both defendants jointly and they each prosecute an appeal from that judgment.

Defendant, United Railways Company, incorporated, owns and operates a street railway system in the city of St. Louis, and defendant, American Storage & Moving Company, incorporated, owns and operates a storage and moving business in which it employs teams of horses and heavy moving vans in the same city.…

2Cases cited28 opinions

  1. Ring v. . City of CohoesNew York Court of Appeals · 1879
  2. Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
  3. Tompkins v. Clay St. R.R.California Supreme Court · 1884
  4. Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
  5. Colegrove v. New York & New Haven RailroadNew York Court of Appeals · 1859

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3Cited by45 opinions

  1. Yates v. ManchesterSupreme Court of Missouri · 1949
  2. Morris v. E. I. Du Pont De Nemours & Co.Court of Appeals for the Eighth Circuit · 1934
  3. Annin v. JacksonSupreme Court of Missouri · 1937
  4. Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
  5. Daneschocky v. SiebleMissouri Court of Appeals · 1917

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

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