Gillespie v. St. Louis, Kansas City, & Northern Railway Co.
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. Under the petition, and the law of negligence as applicable to carriers' of passengers, the demurrer to the evidence should have been sustained. The evidence offered by plaintiff developed vis major as the cause of the accident, and the burden of proof in such case was on plaintiff to show actual negligence. — Whart. on Neg.
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Appeal from St. Louis Circuit Court. Under the petition, and the law of negligence as applicable to carriers' of passengers, the demurrer to the evidence should have been sustained. The evidence offered by plaintiff developed vis major as the cause of the accident, and the burden of proof in such case was on plaintiff to show actual negligence. — Whart. on Neg. (1st ed.), sects. 129, 661; Be Barron v. Bast Boston Ferry Co., 11 Allen, 316; Withers v. North Kent B. Co., 3 Hurl. & N. 969. The second instruction given for the plaintiff is error. The defendant was not bound to prove in this case “…
1Opinion of the CourtHayden, J.
This is an action brought by the plaintiff as a passenger, to recover for an injury received by her when going east to St. Louis upon a train of the defendant’s cars. The petition *556charged that by reason of the negligence of the defendant in the construction of its road, its failure to repair the roadway and to properly equip its engine and train, and want of care in the management of the engine and cars, the car on which plaintiff was riding was thrown off the track. The accident occurred at about twelve o’clock at night, near Salisbury in Chariton County, Missouri. In the evening, and also…
2Cases cited4 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- Read v. . SpauldingNew York Court of Appeals · 1864
- Swetland v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1869
3Cited by11 opinions
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- Cruce v. CruceSupreme Court of Missouri · 1884
- Topping v. Great Northern Railway Co.Washington Supreme Court · 1914
- Coleman v. Kansas City, St. Joseph & Council Bluffs RailroadCourt of Appeals of Kansas · 1889
- Hurck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
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