King v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Webster Circuit Court. — Hon. Argus Good, Judge. (1) Tbe trial court erred in refusing to direct a verdict for tbe defendant, under tbe undisputed evidence and tbe admitted physical facts. Loring v. Railroad, 128 Mo. 349; Aerkfetz v. Humphreys, 145 U. S. 418; Elliott v. Railroad, 150 U. S. 245; Fore v. Railroad, 114 Mo.
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Appeal from Webster Circuit Court. — Hon. Argus Good, Judge. (1) Tbe trial court erred in refusing to direct a verdict for tbe defendant, under tbe undisputed evidence and tbe admitted physical facts. Loring v. Railroad, 128 Mo. 349; Aerkfetz v. Humphreys, 145 U. S. 418; Elliott v. Railroad, 150 U. S. 245; Fore v. Railroad, 114 Mo. App. 551, 89 S. W. 1034; Davis v. Railroad, 129 M'o. 1; Sharp v. Railroad, 161 Mo. 214; Zumwalt v. Railroad, 175 Mo. 288; Evans v. Railroad, 178 Mo. 509; Cahill v. Railroad, 205 Mo. 393; Degonia v. Railroad,-Mo. App.-, 123 S. W. 807; Bridge Co. v. Bainum, 146 Fed.…
1Opinion of the CourtNixon, P. J.
I. The appellant has assigned as reversible error that its demurrer to the evidence should have been sustained and judgment should have been given by the court for the defendant. This necessitates to some extent a review of the evidence as to the events which took place at the crossing at the time King was killed.
The deceased was killed in the shop yards of the defendant at Springfield at the place where he was crossing track No. 11. As shown by the statement, the passageway left for the use of defendant’s employees extended north and south across a dozen or more railroad tracks. These tracks…
Also in this document: Concurrence.
2Cases cited13 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
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3Cited by5 opinions
- Lackey v. United Railways Co.Supreme Court of Missouri · 1921
- Cross v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1915
- Johnson v. FialaMissouri Court of Appeals · 1912
- Payne v. CastilleCourt of Appeals of Texas · 1922
- Brown v. Kansas City, Clinton & Springfield Railway Co.Missouri Court of Appeals · 1912