Legal Opinion

Choate v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided June 15, 1896PublishedCited by 4 opinions

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

  1. Willis v. . Long Island Railroad CompanyNew York Court of Appeals · 1866
  2. Willmott v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1891
  3. Burns v. Bellefontaine Railway Co.Supreme Court of Missouri · 1872
  4. Gerstle v. Union Pacific Railway Co.Missouri Court of Appeals · 1886

3Cited by4 opinions

  1. Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
  2. Baskett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
  3. Holzenkamp v. Cincinnati Traction Co.Ohio Superior Court, Cincinnati · 1907
  4. Holzenkamp v. Cincinnati Traction Co.Ohio Superior Court, Cincinnati · 1904

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