Madden v. Missouri Pacific Railway Co.
Missouri Court of Appeals
■Appeal from the St, Louis City Circuit Cowrt. — Hon. Jacob Klein, Judge. (1) The court erred in excluding the testimony of defendant’s brakeman regarding the sufficiency of the stop at Edgebrook, to have enabled plaintiff, by the exercise of ordinary diligence, to alight from the train in safety.
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■Appeal from the St, Louis City Circuit Cowrt. — Hon. Jacob Klein, Judge. (1) The court erred in excluding the testimony of defendant’s brakeman regarding the sufficiency of the stop at Edgebrook, to have enabled plaintiff, by the exercise of ordinary diligence, to alight from the train in safety. Snyder v. Witner, 48 N. W. Rep. 1046; Railroad v. Hwitley, 38 Mich. 545. (2) The court erred in overruling the demurrers to the evidence, interposed by defendant, at the close of plaintiff’s case, and of the whole case. Ha/rdwich v. Railroad, 11 S. E. Rep. 832; Hides v. Railroad, 46 Mo. App. 308;…
1Opinion of the CourtThompson, J.
— This action is brought by a passenger against a railway carrier for a negligent injury. It was commenced before a justice of the peace, and, on appeal to the circuit court and a trial de novo, there was a verdict and judgment.for the plaintiff for $300, the full amount claimed, from which the defendant prosecutes this appeal. The statement filed before the *670.justice, upon which the action is prosecuted, is in the following language:
“Plaintiff states that defendant is a corporation, and, at the dates hereinafter named, owned and operated a line of steam railway extending across the state •of…
2Cases cited20 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Choice v. StateSupreme Court of Georgia · 1860
15 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- Standley v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
- Waniorek v. United RailroadsCalifornia Court of Appeal · 1911
- Krueger v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1900
- Anderson v. Kansas City Railway Co.Supreme Court of Missouri · 1921
8 more not listed; retrieve them via the Exa API.