Chandler v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jackson Circnit Court.—Eon. James E. Blover} Judge. (1) The trial court erred in overruling defendant’s demurrer filed at the close of all the testimony in the case, and in refusing to give the instruction which it asked directing a verdict in its favor. Fogarty v. Transit Co., 180 Mo. 502; Root v. Railway, 195 Mo. 371; 22 Am. & Eng. Enc.
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Appeal from Jackson Circnit Court.—Eon. James E. Blover} Judge. (1) The trial court erred in overruling defendant’s demurrer filed at the close of all the testimony in the case, and in refusing to give the instruction which it asked directing a verdict in its favor. Fogarty v. Transit Co., 180 Mo. 502; Root v. Railway, 195 Mo. 371; 22 Am. & Eng. Enc. Law (2 Ed.), 1378; 1 Jaggard on Torts, p. 102, sec. 34; State to use v. Railway, 45 Md. 41; Beacham v. Proprietor, 68 N. H. 382, 40 At. Rep. 1066; Pullman Co. v. Lawrence, 74 Miss. 782; Railroad v. Tanner, 68 Ga. 384; Railroad v.-Babcock, 144 U.…
1Opinion of the CourtJohnson, J.
Plaintiff, employed by defendant as a section hand, was thrown from a handcar and injured. He brought this action in the circuit court of Jackson county to recover damages and in his petition alleged that his injury was the direct result of defendant’s negligence. He recovered judgment in the sum of two thousand dollars and defendant appealed.
The injury occurred on the 6th day of November, 1902, on defendant’s railroad near the station of Miami in the Indian Territory. Plaintiff was a member of a section crew consisting of ten laborers and a foreman. In obedience to an order of the foreman,…
2Cases cited33 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
- Looney v. Metropolitan RailroadSupreme Court of the United States · 1906
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
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3Cited by8 opinions
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Coy v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Rahm v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1908
- Farrar v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Ham v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.