Wilkerson v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Christian Circuit Court. — Hon. John T. Moore, Judge. There was no evidence upon which to authorize the submission to the jury, and the court should have so declared. Guyer v. Railroad, 174 Mo. 330; Schmidt v. Railroad, 191 Mo. 233; Walker y. Railroad, 193 Mo. 481; Sanguinette y. Railroad, 196 Mo. 495; Stolker v. Railroad, 204 Mo. 636; 3 Elliott on Railroads (2 Ed.), sec. 1315; Lamm y. Railroad, 216 Mo. 578; Mayer v..
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Appeal from Christian Circuit Court. — Hon. John T. Moore, Judge. There was no evidence upon which to authorize the submission to the jury, and the court should have so declared. Guyer v. Railroad, 174 Mo. 330; Schmidt v. Railroad, 191 Mo. 233; Walker y. Railroad, 193 Mo. 481; Sanguinette y. Railroad, 196 Mo. 495; Stolker v. Railroad, 204 Mo. 636; 3 Elliott on Railroads (2 Ed.), sec. 1315; Lamm y. Railroad, 216 Mo. 578; Mayer v.. Railroad, 64 M'o. 267; Keown v. Railroad, 141 Mo. 86; Yarnall v. Railroad, 75 Mo. 575; Sexton y. Railroad, 98 Mo. App. 494; Evans v. Railroad, 178 Mo. 517; Daviess…
1Opinion of the CourtNixon, P. J.
(after stating the facts). — As we have seen in the statement of this case, this action is for a liability created by section 2864 of the Revised Statutes of 1899, amended laws of 1905, page 136, and the liability of defendant is based upon the negligence of its servants in operating a locomotive, and there can be no liability under well-established principles unless the plaintiff has shown the negligence of the defendant’s servants. That is the very ground of recovery fixed by the statute under which this suit is prosecuted. Negligence is an affirmative fact to be established by proof before…
2Cases cited8 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Davies v. People's Railway Co.Supreme Court of Missouri · 1900
- Clancy v. St. Louis Transit Co.Supreme Court of Missouri · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Spain v. BurchMissouri Court of Appeals · 1913
- Paul v. United Railways Co.Missouri Court of Appeals · 1911
- Booker v. Southwest Missouri RailroadMissouri Court of Appeals · 1910
- Vaughn v. William J. Lemp Brewing Co.Missouri Court of Appeals · 1910
- Jackson v. Old Dominion Mining Co.Missouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.