Lovell v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) The court erred in allowing the case to go to the jury at all. (a) The plaintiff failed to prove the case alleged in its petition, (b) Under the undisputed testimony the plaintiff was not entitled to recover. DeBolt v. Railroad, 128 Mo. 505; Spotts v. Railroad, 111 Mo. 384; Biddings v. Railroad, 33 Mo.
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Appeal from Bates Circuit Court. — Hon. W. W. Graves, Judge. (1) The court erred in allowing the case to go to the jury at all. (a) The plaintiff failed to prove the case alleged in its petition, (b) Under the undisputed testimony the plaintiff was not entitled to recover. DeBolt v. Railroad, 128 Mo. 505; Spotts v. Railroad, 111 Mo. 384; Biddings v. Railroad, 33 Mo. App. 534. (1) The plaintiff was lawfully in the car where it had been placed by the defendant to be unloaded for the purpose of unloading it. While at work sacking the corn to unload into his wagon, the defendant, without any…
1Opinion of the CourtJohnson, J.
Plaintiff was injured while engaged in sacking corn in a car standing on a side-track of defendant’s railroad and alleges that his injuries were caused by the negligence of defendant. He recovered judgment in the sum of $3,500 and defendant appealed..
Plaintiff filed a motion to dismiss the appeal on the ground that it was allowed at a later term of the circuit court than that at which the judgment was rendered and no notice of appeal was given by the appellant as required by the provisions of section 811, Revised Statutes 1899. It appears the cause was tried at the October term, 1903, of the…
2Cases cited6 opinions
- Chicago & Northwestern Railway Co. v. GoebelIllinois Supreme Court · 1887
- Gessley v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Chicago & E. R. Co. v. ShawCourt of Appeals for the Seventh Circuit · 1902
- Jacobson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- Spotts v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Lesch v. Terminal RR Ass'n of St. LouisSupreme Court of Missouri · 1953
- Butler v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1911
- Bullock v. PotashnickMissouri Court of Appeals · 1942
- Hudgens v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909
- Nelson v. Wabash RailroadMissouri Court of Appeals · 1908
5 more not listed; retrieve them via the Exa API.