Meyers v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — How. J. W. Alexander, Judge. (1) The court committed error in refusing to give the demurrers to the evidence requested by the defendant. There was no negligence proven against the defendant, but the evidence shows that it was the plaintiff’s own negligence and want of care, in driving out of the roadway on the sidling, slippery ground, that caused the accident. Guffey v. Railroad, 53 Mo. App. 462; Holt v. Railroad, 84 Mo.
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Appeal from Daviess Circuit Court. — How. J. W. Alexander, Judge. (1) The court committed error in refusing to give the demurrers to the evidence requested by the defendant. There was no negligence proven against the defendant, but the evidence shows that it was the plaintiff’s own negligence and want of care, in driving out of the roadway on the sidling, slippery ground, that caused the accident. Guffey v. Railroad, 53 Mo. App. 462; Holt v. Railroad, 84 Mo. App. 443; Hyseff v. Swift, 78 Mo. App. 39; Brewing Association v. Talbot, 141 Mo. 674; Young v. Railroad, 93 Mo. App. 267; Fuchs v. City…
1Opinion of the CourtSmith, P. J.
— Action to recover damages for negligence. The petition of the plaintiff alleged that defendant at its station at Winston kept stockyards and pens for the transaction of its business in loading and shipping stock, and for the use and benefit of the public, and that it maintained a road or approach along and over its right of way and through said yards and pens for the use of persons having hay, grain or live stock to deliver at said stock yards; that defendant negligently\ permitted said road and approach to get out of repair and remain so and permitted a gully or rut to be worn and washed…
2Cases cited8 opinions
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Lenix v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Graney v. City of St. LouisSupreme Court of Missouri · 1897
- Butts v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
- Barton v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1873
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3Cited by3 opinions
- Rogers v. Tegarden Packing Co.Missouri Court of Appeals · 1914
- Walker v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1904
- Campbell v. City of StanberryMissouri Court of Appeals · 1904