Lynch v. Chicago & Alton Railway Co.
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Now. N. N. Eby, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained. If plaintiff has failed to prove by substantial evidence any one or more of the necessary allegations of her petition, she has failed to make a case. In a case of this kind a verdict and judgment may not stand upon mere conjecture or guess. Moore v. Railroad, 28 Mo.
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Appeal from Pike Circuit Court. — Now. N. N. Eby, Judge. (1) The demurrer to plaintiff’s evidence should have been sustained. If plaintiff has failed to prove by substantial evidence any one or more of the necessary allegations of her petition, she has failed to make a case. In a case of this kind a verdict and judgment may not stand upon mere conjecture or guess. Moore v. Railroad, 28 Mo. App. 622; Petty v. Railroad, 179 Mo. 666; Warner v. Railroad, 178 Mo. 125; McGrath v. Railroad, 197 Mo. 97; Jolly v. Railroad, 93 Mich. 370; Yarn-all v. Railroad, 113 Mo. 580; Railroad v. Cathy, 70 Miss.…
1Opinion of the CourtGantt, J.
This action was instituted by the plaintiff Mrs. Lynch, to recover damages under section 2864, Revised Statutes 1899, for the death of her son John Lynch, which occurred on August 31, 1902. *8Prior to- and at the time of his death John Lynch was in the employ of the defendant company as a “signal man”; that is, it was his duty to inspect and keep in proper order the automatic electric block signals and bells along a certain section of defendant’s line in Lafayette county, from Higginsville to Alma.
The petition alleges that the said John Lynch was killed by the defendant on ór about August 31,…
2Cases cited35 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- State v. HopperSupreme Court of Missouri · 1880
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
30 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Simmons v. Kansas City Jockey ClubSupreme Court of Missouri · 1933
- Bebout v. KurnSupreme Court of Missouri · 1941
- Rockenstein v. RogersSupreme Court of Missouri · 1930
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- Galicich v. Oregon Short Line R.Wyoming Supreme Court · 1939
17 more not listed; retrieve them via the Exa API.