Legal Opinion

Johnson v. St. Louis & San Francisco Railroad

Missouri Court of Appeals

Decided July 2, 1915Published

Appeal from Dunklin Circuit Court. — Eon. W. S. C. Walker, Judge. (1) The court erred in overruling the demurrer to the evidence interposed by defendant at the close of plaintiff’s case, and in refusing defendant’s request for a peremptory instruction at the close of all the evidence. Ervin v. Railroad, 94 Mo. App. 2891; Portuchek v. Railroad, 101 Mo. App. 52; Shields v. Railroad, 87 Mo.

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Appeal from Dunklin Circuit Court. — Eon. W. S. C. Walker, Judge. (1) The court erred in overruling the demurrer to the evidence interposed by defendant at the close of plaintiff’s case, and in refusing defendant’s request for a peremptory instruction at the close of all the evidence. Ervin v. Railroad, 94 Mo. App. 2891; Portuchek v. Railroad, 101 Mo. App. 52; Shields v. Railroad, 87 Mo. App. 646; Wait v. Railroad, 165 Mo. 612; ITedrick v. Railroad, 195 Mo. 104; Guffey v. Railroad, 53 Mo. App. 462; Saxton v. Railroad, 98 Mo. App. 503; Pryor v. Railroad, 85 Mo. App. 367; -Bartley v. Railroad,…

1Opinion of the Court

ALLEN, J. —

This is an action for'damages for personal injuries alleged to have been sustained by plaintiff at Kennett, Missouri, while a passenger upon a train operated by defendant. There was a verdict *5and judgment below for plaintiff in tbe sum of $5000, and tbe case is here upon defendant’s appeal.

On or about November 18, 1912, plaintiff was a passenger upon a mixed train, i. e., a train made up of a number of freight cars and carrying a passenger coach at the rear thereof, having taken passage thereupon at Senath, Missouri, for transportation to Ken-nett. The injuries for which he sues…

2Cases cited5 opinions

  1. Hall v. Manufacturers Coal & Coke Co.Supreme Court of Missouri · 1914
  2. Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1910
  3. Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
  4. Gorham v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
  5. Farmer v. St. Louis, Iron Mountain & Southern RailwayMissouri Court of Appeals · 1913

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