Lucas v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Wo». Walter B. Douglas, Judge-. (1) The court erred in refusing to give the in-. struction in the nature of a demurrer to the evidence, asked by defendant, at the- close of all the evidence, (a) ■Said instruction should have been given because the plaintiff’s petition does not state a cause of action. St. Louis v. Life Ins.
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Appeal from St. Louis City Circuit Court. — Wo». Walter B. Douglas, Judge-. (1) The court erred in refusing to give the in-. struction in the nature of a demurrer to the evidence, asked by defendant, at the- close of all the evidence, (a) ■Said instruction should have been given because the plaintiff’s petition does not state a cause of action. St. Louis v. Life Ins. Co., 107 Mo. 92; 2 Shearman & Red-field on Negligence, sec. 343. (b) Said instruction .should have been given because the testimony failed to .establish any negligence on the part of the defendant. St. Louis v. Life Ins. Co.,…
1Opinion of the CourtMarshall, J.
This is an action for damages for personal injuries. There was a verdict for three thousand dollars, and the defendant appealed. The constitutionality of the jury law is called in question, and that gives this court jurisdiction.
The negligence charged on the petition is:
“That at or near.the intersection of Euclid avenue and defendant’s right of way in the city of St. Louis the defendant at the times herein mentioned was maintaining a platform to enable passengers to- get on its cars bound east; that in the said platform, which was of granitoid, there was a stump about eleven inches in height…
2Cases cited6 opinions
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- City of St. Louis v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1891
- Grogan v. Broadway Foundry Co.Supreme Court of Missouri · 1885
- Schweickhardt v. City of St. LouisMissouri Court of Appeals · 1876
- Donoho v. Vulcan Iron WorksSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Wolfmeyer v. Otis Elevator Co.Supreme Court of Missouri · 1953
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Simonsen v. ThorinNebraska Supreme Court · 1931
- Hiltner v. Kansas CitySupreme Court of Missouri · 1956
- Dudley v. PrimaNevada Supreme Court · 1968
10 more not listed; retrieve them via the Exa API.