Bascom v. Wabash Railroad
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — Ho». John A. Uookadaiy, Judge. (1) The demurrer to the evidence should have been sustained. Atkinson v. Railroad, 90 Mo. App. 489 ^ Deming v. Railroad, 80 Mo.
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Appeal from Randolph Circuit Court. — Ho». John A. Uookadaiy, Judge. (1) The demurrer to the evidence should have been sustained. Atkinson v. Railroad, 90 Mo. App. 489 ^ Deming v. Railroad, 80 Mo. App. 152; Hendrick v. Railroad, 136 Mo. 548; Berry v. Railroad, 124 Mo. 288; Finnegan v. Railroad, 48 Minn. 378; 51 N. W. 122; Wilson v. Railroad, 68 Miss. 9; Allerton v. Railroad, 146 Mass. 241; Heinlein v. Railroad, 147 Mass. 136; Nelson v. Railroad, 68 Mo. 593; Weber v. Railroad, 100 Mo. 194; Railroad v. Kavanaugh, 163 Mo. 59. (2) Tbe jury should have been directed to find for the defendant at…
1Opinion of the CourtEllison, J.
The plaintiff, a salesman who went from place to place, recovered a judgment against defendant for personal injuries which he charges were re*432ceived by him in consequence of the negligence of defendant’s servants.
Defendant insists that from the facts as developed by the testimony given by plaintiff in his own behalf, the trial court should have directed a verdict against him; and in this we believe the defendant is right. It appears that plaintiff was a passenger on a passenger train and that his destination was Carrollton, Missouri. That when he arrived there, at about midday, he was asleep…
2Cases cited3 opinions
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Deming v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1899
- Atkinson v. Pacific Railway Co.Court of Appeals of Kansas · 1901
3Cited by1 opinion
- Jewell v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907