Smith v. Wabash Railroad
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The court erred in refusing to direct a verdict for defendant at the close of plaintiff’s evidence, as also at the close of all the evidence. Skipton v. Railroad, 82 Mo. App. 143; Brockschmidt v. Railroad (Mo.), 103 S. W. 966, 968; Grout v. Railway, 102 S. W. 1027; White v. Railway, 84 Mo.
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Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) The court erred in refusing to direct a verdict for defendant at the close of plaintiff’s evidence, as also at the close of all the evidence. Skipton v. Railroad, 82 Mo. App. 143; Brockschmidt v. Railroad (Mo.), 103 S. W. 966, 968; Grout v. Railway, 102 S. W. 1027; White v. Railway, 84 Mo. App. 420; Sinclair v. Railroad, 133 Mo. 233; Clancy v. Railroad, 192 Mo. 652; Tanner v. Railroad, 161 Mo. 512; Walker v. Railroad, 193 Mo. 481; Mockowik v. Railroad, 196 Mo. 572; Bell v. Railroad, 72 Mo. 59; Railway v. Smith, 86 Fed. 292,…
1Opinion of the CourtEllison, J.
This action was instituted to recover damages for personal injuries received by plaintiff through the alleged negligence of the defendant. He prevailed in the trial court.
Plaintiff is an old negro man who has lived in Kirksville for about forty years, and for a time prior to the day he was hurt he lived near the railway track and was familiar with the manner in which defendant’s trains came- into the city and the speed with which they approached the station. Early on the morning of his injury, in January, 1905, he had been up in the business section of the city sweeping offices and making…
2Cases cited14 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- International & Great Northern Railroad v. MunnCourt of Appeals of Texas · 1907
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Peterie v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
- Price v. City of MaryvilleMissouri Court of Appeals · 1913
- Keele v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1910
- Shelton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Foster v. WestMissouri Court of Appeals · 1916
1 more not listed; retrieve them via the Exa API.