Florida v. Pullman Palace Car Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. The court should have declared, as a matter of law, that the plaintiff! had been guilty of contributory negligence, and was not entitled to recover. Rootv. Car Co., 38 Mo. App. 199 ; Wilson v. Railroad, 33 Mo. App. 683; Hills v. Railroad, 31 A. & E. R. R. Cas. 108; Dargan v. Car Co., 36 A. & E. R. R. Cas. 149 ; Welch v. Car Co., 16 Abb. Pr. (N. S.) 353; Blum n. Car Co., 3 Cent.
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Appeal from the St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. The court should have declared, as a matter of law, that the plaintiff! had been guilty of contributory negligence, and was not entitled to recover. Rootv. Car Co., 38 Mo. App. 199 ; Wilson v. Railroad, 33 Mo. App. 683; Hills v. Railroad, 31 A. & E. R. R. Cas. 108; Dargan v. Car Co., 36 A. & E. R. R. Cas. 149 ; Welch v. Car Co., 16 Abb. Pr. (N. S.) 353; Blum n. Car Co., 3 Cent. L. J. 591; Whitney v. Car Co:, 1 R. R. & Corp. L. J. 139. The only question raised by the appellant is that the placing of the clothing on the…
1Opinion of the Court
Rombauer, P.. J.,
delivered the opinion of the court.
This is an action for damages caused to plaintiff by defendant’s negligence while a passenger in defendant’s sleeping car. The suit was instituted before a. justice, and, upon a trial anew in the circuit court, the plaintiff recovered judgment for eighty-two dollars and fifteen cents, being the aggregate value of the property hereinafter specified. The only error assigned, and argued by the defendant on this appeal, is that the court should have declared as a matter of law that the plaintiff had been guilty of contributory negligence, and…
2Cases cited2 opinions
- Root v. New York Central Sleeping-Car Co.Missouri Court of Appeals · 1887
- Scaling v. Pullman's Palace Car Co.Missouri Court of Appeals · 1886
3Cited by2 opinions
- McCormick v. City of MonroeMissouri Court of Appeals · 1895
- Morrow v. Pullman Palace Car Co.Missouri Court of Appeals · 1903