McMurray v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Dade Circuit Court. — Row. Carr McNatt, Judge. (1) The court-erred in refusing to follow the mandate of the Supreme Court, when it directed that further proceedings be had in the circuit court in conformity with the opinion of this court herein delivered. Nowhere in the opinion is there any authority for the trial court to sustain a demurrer, but the opinion expressly states to the contrary and is the law of this case.
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Appeal from Dade Circuit Court. — Row. Carr McNatt, Judge. (1) The court-erred in refusing to follow the mandate of the Supreme Court, when it directed that further proceedings be had in the circuit court in conformity with the opinion of this court herein delivered. Nowhere in the opinion is there any authority for the trial court to sustain a demurrer, but the opinion expressly states to the contrary and is the law of this case. McMurray v. Railroad, 225 Mo. 272; Strotman v. Railroad, 228 Mo. 154; Donnell v. Wright, 199 Mo. 314; Hurck v. Erskine, 50 Mo. 119; Carey v. West, 165 Mo. 452;…
1Opinion of the CourtNixon, P. J.
This action was commenced in Lawrence county for damages against the St. Louis, Iron Mountain & Southern Railway Company for the alleged negligent killing of one of its employees, Albert P. Nimmo. The deceased, employee was killed in November, 1904, and at the time of his death was a car repair carpenter. The negligence of the defendant company as stated in the petition was that the defendant failed in its duty to furnish the deceased with a reasonably safe place in which to do his work while he was employed by it in repairing its caboose. The suit was originally instituted by Dora A; Nimmo,…
2Cases cited5 opinions
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Millar v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Davis v. MorganSupreme Court of Missouri · 1888
- McMurray v. St. Louis Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
3Cited by2 opinions
- Bagley v. City of St. LouisSupreme Court of Missouri · 1916
- Ficklin v. Missouri State Life InsuranceMissouri Court of Appeals · 1920