Legal Opinion

Whitley v. Chicago, Burlington & Quincy Railway Co.

Missouri Court of Appeals

Decided November 7, 1904PublishedCited by 1 opinion

Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) The verdict in this case is against the weight of evidence. The refusal of the court to set it aside, was error. Hemetreich v. Corlas, 24 Mo. App. 264; Spooner v. Railway, 20 Mo. App. 403; "Wright v. Railway, 20 Mo. App. 481; Brewing Co. v. Bodman, 12 Mo. App. 573; O’Donnell v. Railway, 7 Mo. App. 190; Taylor v. Fox, 16 Mo. App. 527; Walton v. Railway, 49 Mo. App. 620; Price v. Evans, 49 Mo.

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Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) The verdict in this case is against the weight of evidence. The refusal of the court to set it aside, was error. Hemetreich v. Corlas, 24 Mo. App. 264; Spooner v. Railway, 20 Mo. App. 403; "Wright v. Railway, 20 Mo. App. 481; Brewing Co. v. Bodman, 12 Mo. App. 573; O’Donnell v. Railway, 7 Mo. App. 190; Taylor v. Fox, 16 Mo. App. 527; Walton v. Railway, 49 Mo. App. 620; Price v. Evans, 49 Mo. App. 396; Spohn v. Railway, 87 Mo. 74; Lyonberger v. Spolman, 16 Mo. App. 392. (2) The defendant’s instruction in the nature of a demurrer…

1Opinion of the CourtSmith, P. J.

The petition amongst other things alleged that on September 26, 1902, while the plaintiff was in the employ of the defendant in the capacity of ear inspector and repairer at Laclede station on its line in this State, a freight train consisting of a locomotive and a number of cars arrived at said station and then proceeded south to the long west side track south of said station where it stopped for the purpose -of setting out ears; that after plaintiff had been informed by the brakeman in charge of such train engaged in conducting such work of setting out cars that the train was through…

2Cases cited1 opinion

  1. Atchison, Topeka & Santa Fe Railroad v. WhitbeckSupreme Court of Kansas · 1897

3Cited by1 opinion

  1. McMurray v. St. Louis Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910

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