Choate v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. J. H. Lay,, Judge. (1) There was no legal negligence shown against, defendant, and the court should have accordingly directed a verdict for defendant. Bite v. Railroad, 31 S. W. Rep. (Mo.) 263, 264; Hite v. Railroad, 32 S. W. Rep. (Mo.) 33, 34; Weaver v. Railroad, 60 Mo. Anp. 207; Saunders v. Railroad, 60 N. W. Rep.
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Appeal from the Bates Circuit Court. — Hon. J. H. Lay,, Judge. (1) There was no legal negligence shown against, defendant, and the court should have accordingly directed a verdict for defendant. Bite v. Railroad, 31 S. W. Rep. (Mo.) 263, 264; Hite v. Railroad, 32 S. W. Rep. (Mo.) 33, 34; Weaver v. Railroad, 60 Mo. Anp. 207; Saunders v. Railroad, 60 N. W. Rep. (S. D.) 148; Mitchell v. Railroad, 51 Mich. 238. (2) The undisputed evidence in the case shows that the plaintiff was-guilty of contributory negligence. Lane v. Railroad, --Mo.--; Kelsay v. Railroad, 30 S. W. Rep. (Mo.) 339; Hayden v.…
1Opinion of the CourtGill, J.
Defendant has appealed from a verdict of $500 awarded to the plaintiff by reason of personal injuries received in a fall from the platform of a passenger coach, on August 24, 1894. The petition, in substance, alleges that on the morning of that day the plaintiff bought at Butler, Missouri, a round trip ticket over defendant’s road to Rich Hill, where a fair was in progress; that he went from Butler to Rich Hill over defendant’s road, and at about 8:40 p. m. the same day, he came to the depot at Rich Hill, intending to return to Butler. When he arrived at the depot he found the train standing…
2Cases cited4 opinions
- Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
- Willmott v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1891
- Burns v. Bellefontaine Railway Co.Supreme Court of Missouri · 1872
- Gerstle v. Union Pacific Railway Co.Missouri Court of Appeals · 1886
3Cited by4 opinions
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Baskett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Holzenkamp v. Cincinnati Traction Co.Ohio Superior Court, Cincinnati · 1907
- Holzenkamp v. Cincinnati Traction Co.Ohio Superior Court, Cincinnati · 1904