Morris v. Pryor
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. A. H. Waller, Judge. Defendant’s demurrer to the evidence should have been sustained, because: (1) There was no proof of actionable negligence of the defendant.
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Appeal from Randolph Circuit Court. — Hon. A. H. Waller, Judge. Defendant’s demurrer to the evidence should have been sustained, because: (1) There was no proof of actionable negligence of the defendant. Railroad v. Newell, 196 Fed. 868; Tuttle v. Railroad, 122 U. S. 189; Reece v. Railroad, 239 U. S. 463; Miller v. Railroad, 185 Mich. 432; Haring v. Railroad, 137 Wis. 367; Eliott v. Railroad, 204 Mo.- 17; Coin v. Lounge Co., 222 Mo. 506. (2) Defendant furnished'to plaintiff a proper and safe place in which to perform his duties, and he voluntarily selected a dangerous place in which to…
1Opinion of the Court
BROWN, C.
This suit was instituted in the circuit court of Randolph County against the receivers of the Wahash Railroad Company, returnable at the February term, 1914, of that court. The appellant is the only remaining receiver. That portion of the petition charging the circumstances of the injury is as follows:
“That at all the times hereinafter mentioned the above named receivers were common carriers engaged in interstate commerce; that is, the transportation of passengers, goods and merchandise from points within the State of Missouri to points in other States of the United States and from…
2Cases cited6 opinions
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Fish v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1914
- Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Terminal R. Ass'n of St. Louis v. FitzjohnCourt of Appeals for the Eighth Circuit · 1948
- Kansas City Southern Railway Co. v. Payway Feed Mills, Inc.Supreme Court of Missouri · 1960
- Martin v. Mid-America Farm Lines, Inc.Supreme Court of Missouri · 1989
- McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
- Hunter v. St. Louis Southwestern Railway CompanySupreme Court of Missouri · 1958
5 more not listed; retrieve them via the Exa API.