Legal Opinion

Stringer v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided October 15, 1888PublishedCited by 14 opinions

Appeal from St. Louis City Circuit Court. — Hon. W. • H. Horner, Judge. (1) The motion in arrest of judgment should have been sustained. The petition does not state a cause of action. Snyder v. Railroad, 60 Mo. 419; Cousins v. Railroad, 66 Mo. 576; Flower n. Railroad, 69 Pa. St. 210; Welden v. Railroad, 5‘ Bosw. 576; Mitchell v. Crassweller, 13 C. B. 237; Shearman and Bedf. on Neg., sec. 63 ; Qarretzen v. Duenekel, 50 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. W. • H. Horner, Judge. (1) The motion in arrest of judgment should have been sustained. The petition does not state a cause of action. Snyder v. Railroad, 60 Mo. 419; Cousins v. Railroad, 66 Mo. 576; Flower n. Railroad, 69 Pa. St. 210; Welden v. Railroad, 5‘ Bosw. 576; Mitchell v. Crassweller, 13 C. B. 237; Shearman and Bedf. on Neg., sec. 63 ; Qarretzen v. Duenekel, 50 Mo. Ill; Foster v.' Bank, 17 Mass. 479; Sherman v. Railroad, 72 Mo. 63, 66. (2) The demurrer to the evidence should have been sustained, and the court committed error in…

1Opinion of the CourtNorton, C. J.

This is an action to recover damages for a personal injury, in which plaintiff obtained judgment, from which defendant has appealed and assigns, among other grounds of error, the action of the court in refusing to sustain defendant’s demurrer to the evidence and in overruling defendant’s motion in arrest of judgment.

To sustain his case, plaintiff offered himself as a witness and testified: That he lived in the city of St. Louis ; is a laborer by occupation and at the time he was injured, in 1883, he was eighteen years old, and at the time of trial about twenty-one; that at the time of the…

2Cases cited2 opinions

  1. Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
  2. Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877

3Cited by14 opinions

  1. Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
  2. Dixon v. Northern Pacific Railway Co.Washington Supreme Court · 1905
  3. McPeak v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
  4. Milton v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
  5. Hartman v. MuehlebachMissouri Court of Appeals · 1896

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