Baker v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Henry Circuit Court. — TIon. James H. -Lay, Judge. Plaintiff’s instructions in this case were as follows: “1. The court instructs the jury that if from the evidence you believe that the defendant, by its servants or employees, on or about the 9th day of October, 1898, cut a number of its cars loose from the rest of its train and permitted them to run at a dangerous rate of speed across the public highway, just after the rest of the train had passed where…
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Appeal from Henry Circuit Court. — TIon. James H. -Lay, Judge. Plaintiff’s instructions in this case were as follows: “1. The court instructs the jury that if from the evidence you believe that the defendant, by its servants or employees, on or about the 9th day of October, 1898, cut a number of its cars loose from the rest of its train and permitted them to run at a dangerous rate of speed across the public highway, just after the rest of the train had passed where defendant’s railroad crosses said public highway, near the city of Eich Hill, in Bates county, Missouri, without a locomotive…
1Opinion of the Court
TICHENOR, Special Judge.
— I. It is certain that these parties have had a day in court. There have been two verdicts before different judges, and two appeals have been taken, upon which five arguments have been heard. The opinion on the first appeal is found in 122 Mo. 533, and argument has been made as to the effect which is now to be given to it. Counsel for appellant say in their last brief, “The rule to be gathered from the decisions of this court on this question seems to us to be substantially this: That where the rulings on the first appeal are followed at the second trial, this court…
2Cases cited45 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Robinson v. Western Pacific RailroadCalifornia Supreme Court · 1874
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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3Cited by27 opinions
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Melvin v. HoffmanSupreme Court of Missouri · 1921
- Sheets v. Southern Pacific Co.California Supreme Court · 1931
- Lang v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- Vance v. Railway Co.West Virginia Supreme Court · 1903
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