Winn v. Kansas City Belt Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The court committed error in Refusing to give the demurrer to the evidence, and the instruction in the nature of a demurrer to the evidence, for the reasons: (a) The act of the watchman in attempting to remove the plaintiff from the ladder on the car was not proven to be within the scope of his employment. Drolshagen v. Railroad, 186 Mo. 258; Sherman v. Railroad, 72 Mo. 62; Marcum v. Railroad, 139 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The court committed error in Refusing to give the demurrer to the evidence, and the instruction in the nature of a demurrer to the evidence, for the reasons: (a) The act of the watchman in attempting to remove the plaintiff from the ladder on the car was not proven to be within the scope of his employment. Drolshagen v. Railroad, 186 Mo. 258; Sherman v. Railroad, 72 Mo. 62; Marcum v. Railroad, 139 Mo. App. 217; Farber v. Railroad, 32 Mo. App. 378. (b) The burden was upon plaintiff to prove that the injury to him was…
1Opinion of the Court
BLAIR, C.
— This action was instituted- in the circuit court of Jackson county by Rupert Winn, by next friend, against the Kansas City Belt Railway Company and the Kansas City Terminal Railway Company to recover damages for the loss of an arm and other injuries alleged to have resulted from defendants’ negligence. At the close of his evidence plaintiff dismissed as to the Kansas City Terminal *411Railway Company and subsequent proceedings resulted in a judgment against the Kansas City Belt Railway Company, from which judgment this appeal is prosecuted.
The count of the petition on which recovery…
2Cases cited23 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Tompkins v. Clay St. R.R.California Supreme Court · 1884
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
- Bolin v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1900
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3Cited by12 opinions
- Zichler v. St. Louis Public Service Co.Supreme Court of Missouri · 1933
- State Ex Rel. Anderson v. HostetterSupreme Court of Missouri · 1940
- Ehrlich v. MittelbergSupreme Court of Missouri · 1923
- State Ex Rel. Hopkins v. DauesSupreme Court of Missouri · 1928
- Clark v. Crandall.Supreme Court of Missouri · 1928
7 more not listed; retrieve them via the Exa API.