Otrich v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Scott 'Circuit Court. — -No». Henry G. Riley, Judge. (1) The court erred in admitting any evidence for the reason that the petition fails to state a joint cause of action against the defendants. McLendon v. Railroad, 119 Mo. App. 128; Meyers v. Railroad, 129 Mo.
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Appeal from Scott 'Circuit Court. — -No». Henry G. Riley, Judge. (1) The court erred in admitting any evidence for the reason that the petition fails to state a joint cause of action against the defendants. McLendon v. Railroad, 119 Mo. App. 128; Meyers v. Railroad, 129 Mo. App. 288. (2) The court er'red in refusing to give instructions in the nature of demurrers to the evidence asked by defendants at the close of plaintiff’s evidence in chief, and at the close of all the evidence. Evans v. Railroad, 222 Mo. 435; Ficklen & Son y. Railroad, 115 Mo. App. 633; Buffington & Lee v. Railroad, 118…
1Opinion of the CourtNixon, P. J.
This is an action for damages in which the plaintiff was a shipper of live stock and the defendants were common carriers of freight. The claim is for damages for injuries to plaintiff’s stock by reason of the defendants’ negligence! Plaintiff obtained judgment for $400 and the defendants appealed to the St. Louis Court of Appeals. The case was transferred to this court and the parties have appeared and waived defect of jurisdiction.
*424The petition is as follows: (Caption omitted.)
“Plaintiff states that defendants are both railroad corporations, owning, leasing and operating a line of railroad in…
2Cases cited12 opinions
- Weil v. PostenSupreme Court of Missouri · 1883
- Wright v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1906
- Coates v. United States Express Co.Supreme Court of Missouri · 1870
- Ecton v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1907
- McCrary v. Chicago & Alton RailroadMissouri Court of Appeals · 1904
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hutchinson v. Richmond Safety Gate Co.Supreme Court of Missouri · 1912
- Harvey v. GardnerSupreme Court of Missouri · 1949
- Louisville N. R. Co. v. StricklandSupreme Court of Alabama · 1929
- Elliott v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1915
- Winn v. Kansas City Belt Railway Co.Supreme Court of Missouri · 1912
8 more not listed; retrieve them via the Exa API.