Lee v. St. Louis, Memphis & Southeastern Railroad
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Eon. Eenry G. Riley, Judge. (1) Plaintiff assumed tbe risk when he used the handcar, and the court erred in not sustaining the demurrer to the evidence offered by defendant at the close of plaintiff’s case and again offered by it at the close of all the evidence in the case. Cordage Co. v. Miller, 63 L. R. A. 551,126 Fed. 495; Harff v. Green, 168 Mo, 309, 67 g. W. 576; Roberts v. Tel.
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Appeal from Cape Girardeau Circuit Court. — Eon. Eenry G. Riley, Judge. (1) Plaintiff assumed tbe risk when he used the handcar, and the court erred in not sustaining the demurrer to the evidence offered by defendant at the close of plaintiff’s case and again offered by it at the close of all the evidence in the case. Cordage Co. v. Miller, 63 L. R. A. 551,126 Fed. 495; Harff v. Green, 168 Mo, 309, 67 g. W. 576; Roberts v. Tel. Co., 166 M'o. 370, 66 S. W. 155; Epperson v. Tel. Co., 155 Mo. 372, 50 S. W. 795, 55 g. W. 1050; Nugent v. Milling Co., 131 Mo. 245, 33 g. W. 428; Lucey v. Oil Co.,…
1Opinion of the CourtNortoni, J.
(after stating the facts.) Appellant contends that inasmuch- as it appears by respondent’s testimony he had continued in the service without complaint a whole week with knowledge of the defective gearing of the handcar in question, this brings the case *384within the rule pertaining to obvious or seen dangers, therefore he should have been nonsuited at the trial for the reason that he had assumed the risk; that the trial court having overruled its demurrer to respondent’s case, this court should declare as a matter of law that respondent assumed the risk notwithstanding his testimony that he had…
2Cases cited103 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Sullivan v. India Manufacturing Co.Massachusetts Supreme Judicial Court · 1873
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
98 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- Shelton v. Wolf Cheese Co.Supreme Court of Missouri · 1936
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
- Scott v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
15 more not listed; retrieve them via the Exa API.