Hudson v. Wabash Western Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. (3-eorge W. Lubke, Judge. (1) The objection to the introduction of evidence, and the demurrer at the conclusion of the evidence, should have been sustained, because of the absence of causal connection between the acts of negligence charged in the petition, or proven, and the injuries which the plaintiff sustained. Stillson v. Railroad, 67 Mo. 671; Brown v. Railroad, 20 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. (3-eorge W. Lubke, Judge. (1) The objection to the introduction of evidence, and the demurrer at the conclusion of the evidence, should have been sustained, because of the absence of causal connection between the acts of negligence charged in the petition, or proven, and the injuries which the plaintiff sustained. Stillson v. Railroad, 67 Mo. 671; Brown v. Railroad, 20 Mo. App. 222; Henry v. Railroad, 46 Mo. 293; Ciarle v. Railroad, 39 Mo. 619; Wyatt n. Railroad, 6 Best & Smith, 709; Wharton on Negligence, secs. 134, 138 and 200; Patterson’s…
1Opinion of the CourtSheewood, J.
This cause has been transferred to this court under the provisions of section 6 of the constitutional amendment respecting such transfers. The action is for damages'caused by injuries to plaintiff.
The petition, after certain recitals as to the defendant being a railroad corporation, sets forth certain ordinances of the city, then states :
“That on the said eighth day of November' the defendant, unmindful of its- duties in that regard, did, by its servants, carelessly and negligently, and in violation of said sections 1234, 1235, 1237 and 1239, commit the following acts, to-wit :
“It did…
2Cases cited12 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- McMahon v. Northern Central Railway Co.Court of Appeals of Maryland · 1874
- Kersey v. GartonSupreme Court of Missouri · 1883
- Northern Central Railway Co. v. State ex rel. GeisCourt of Appeals of Maryland · 1869
- Brown v. BowenSupreme Court of Missouri · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by75 opinions
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
- Fredenburgh v. Allied Van Lines, Inc.New Mexico Supreme Court · 1968
- Wilson v. Motors Insurance CorporationMissouri Court of Appeals · 1961
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
70 more not listed; retrieve them via the Exa API.