Pidgeon v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Eugo Muench, Judge. (1) Defendant’s motion for a continuance on the ground that the case was not at issue should have been sustained. The court’s ruling on this motion was an abuse of judicial discretion. Laun vi Ponath, 105 Mo. App. 206. (2) Defendant was entitled to three days in which to demur to plaintiff’s reply. Sec. 607, R. S. 1899. (3) The demurrer to the evidence should have been sustained on two grounds: First.
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Appeal from St. Louis City Circuit Court. — Eon. Eugo Muench, Judge. (1) Defendant’s motion for a continuance on the ground that the case was not at issue should have been sustained. The court’s ruling on this motion was an abuse of judicial discretion. Laun vi Ponath, 105 Mo. App. 206. (2) Defendant was entitled to three days in which to demur to plaintiff’s reply. Sec. 607, R. S. 1899. (3) The demurrer to the evidence should have been sustained on two grounds: First. Plaintiff alleges that her injuries were the result of a specific act of negligence and in making her proof relies solely…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal. Plaintiff was injured through defendant’s negligence while she was a passenger on its car.
The first argument advanced for a reversal of the judgment relates to the action of the court in denying defendant’s oral application for a continuance upon the filing of plaintiff’s reply on the day the cause was set for hearing. The petition counts upon the negligence of defendant in respect of its obligation to…
2Cases cited9 opinions
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- Dougherty v. Missouri Pacific RailroadMissouri Court of Appeals · 1881
- Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Girratono v. Kansas City Public Service Co.Supreme Court of Missouri · 1952
- Weller v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1913
- Strong v. Granite Furniture Co.Utah Supreme Court · 1930
- Seelig v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1921
- Gibson v. Pioneer Life InsuranceMissouri Court of Appeals · 1914