Mann v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. Levin W. Shafer, Judge. (1) The court erred in admitting evidence offered by the plaintiff over the objection of the defendant.
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Appeal from Vernon Circuit Court. — Hon. Levin W. Shafer, Judge. (1) The court erred in admitting evidence offered by the plaintiff over the objection of the defendant. Gurley v. Railroad, 194 Mo. 223; Roddy v. Railroad, 104 Mo. 244; Froth v. Norcross, 111 Mo. 630; Yarnell v. Railroad, 113 M'o. 578; Barney v. Railroad, 126 Mo. 372; Fuback v. Railroad, 167 Mo. 215. (2) The court erred in refusing to sustain the defendant’s demurrer to plaintiff’s evidence, and also in refusing to give instruction numbered 1. The evidence clearly established that there was no negligence on the part of the…
1Opinion of the CourtJohnson, J.
This action is to recover damages for personal injuries alleged to have been sustained in *489consequence of the negligence of defendant and is here on defendant’s appeal from a judgment rendered against it. No evidence was offered by defendant. The material facts adduced by plaintiff thus may be stated.
The injury occurred in the afternoon of April 1, 1908. Plaintiff, then a boy twelve years old, resided with his father who was section foreman for defendant at Ellis, a small village on defendant’s railroad where no station is maintained. Trains are not scheduled to stop there, but local trains do…
2Cases cited4 opinions
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Cole v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
3Cited by15 opinions
- Gardner v. TurkSupreme Court of Missouri · 1938
- Herdt v. KoenigMissouri Court of Appeals · 1909
- Biskup Ex Rel. Biskup v. HoffmanMissouri Court of Appeals · 1926
- Brubaker v. Kansas City Electric Light Co.Missouri Court of Appeals · 1908
- Chickasha St. Ry. Co. v. MarshallSupreme Court of Oklahoma · 1914
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