Augustus v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». James N. Slover, Judge. (1) The court should have sustained appellant Rock Island’s, demurrer to the evidence, for the reasons : The respondent must recover, if at all, upon the negligence charged in the petition; and the evidence does not show any negligence whatever on the part of the Rock Island, and especially negligence in the manner charged in the petition. McGrath v. Transit Co., 197 Mo. 97; Foley v. McMahon, 114 Mo.
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Appeal from Jackson Circuit Court. — No». James N. Slover, Judge. (1) The court should have sustained appellant Rock Island’s, demurrer to the evidence, for the reasons : The respondent must recover, if at all, upon the negligence charged in the petition; and the evidence does not show any negligence whatever on the part of the Rock Island, and especially negligence in the manner charged in the petition. McGrath v. Transit Co., 197 Mo. 97; Foley v. McMahon, 114 Mo. App. 442; Hamilton v. Railroad, 114 Mo. App. 504; Feary v. Railroad, 162 Mo. 75; Bartley v. Railroad, 148 Mo. 124. (2) The court…
1Opinion of the CourtJohnson, J.
While plaintiff Belle J. Augustus, was a passenger on an electric street car operated by defendant' Metropolitan Street Railway Company on the Argentine line of its street railway system in Kansas City, a collision occurred between the car and a freight train at a railroad crossing and plaintiff was injured. She sued the Street Railway Company, the Chicago, Rook Island and Pacific Railway Company — the owner *578of the train — and the St. Louis and San Francisco Railroad Company, the owner of the track on which the train was running, to recover the damages, but during the trial she dismissed the…
2Cases cited8 opinions
- Magrane v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- Fullerton v. FordyceSupreme Court of Missouri · 1898
- Magoffin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Hamilton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Kean v. SchoeningMissouri Court of Appeals · 1903
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3Cited by3 opinions
- Crozier v. Hawkeye Stages, Inc.Supreme Court of Iowa · 1929
- Hill v. St. Louis Public Service Co.Supreme Court of Missouri · 1949
- Rabalais v. Orleans-Kenner Traction Co.Louisiana Court of Appeal · 1929