Stafford v. Adams
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Under the undisputed physical facts in evidence, the injury could not have occurred as claimed by the plaintiff. (2) The plaintiff was guilty of contributory negligence as a matter of law. Glascock v. Dry Goods Co., 80 S. W. 365; Beckman v. Brew. Assn., 98 Mo.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) Under the undisputed physical facts in evidence, the injury could not have occurred as claimed by the plaintiff. (2) The plaintiff was guilty of contributory negligence as a matter of law. Glascock v. Dry Goods Co., 80 S. W. 365; Beckman v. Brew. Assn., 98 Mo. App. 561; Wheat v. St. Louis, 179 Mo, 578, 580; Scott v. Railroad, 90 Minn. 135, 95 N. W. 892; Roberts v. Missouri, etc., Co., 166 Mo. 383, 384; George v. Railroad, 109 Ala. 245, 19 So. 784; Moore v. Railroad, 146 Mo. 581. (3) The injury occurred as a result of patent…
1Opinion of the CourtJohnson, J.
— Plaintiff, injured while in the service of. defendant, charged that the negligence of the latter was the direct cause of his injury. In addition to a general denial, defendant in his answer pleaded assumption of risk and contributory negligence. At the conclusion of the evidence defendant unsuccessfully requested the court to direct a verdict for him. Plaintiff recovered judgment in the sum of $1,074. Defendant assigns as error the refusal of the court to sustain his demurrer to the evidence. One of the claims advanced is that plaintiff failed to show that the negligent act complained of…
2Cases cited26 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Curtis v. McNairSupreme Court of Missouri · 1903
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
21 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Federal Lead Co. v. SwyersCourt of Appeals for the Eighth Circuit · 1908
- Guthrie v. GillespieSupreme Court of Missouri · 1928
- Obermeyer v. Logeman Chair Manufacturing Co.Missouri Court of Appeals · 1906
- Obermeyer v. Logeman Chair Manufacturing Co.Supreme Court of Missouri · 1910
- Valiotis v. Utah-Apex Mining Co.Utah Supreme Court · 1919
16 more not listed; retrieve them via the Exa API.