Deckerd v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. H. W. Johnson, Judge. (1) At the close of the plaintiff’s case, the demurrer to the evidence should have been sustained. Smith v. Railway, 69 Mo. 32; Bowen v. Railway, 95 M'o. 274; Cagney v. Railway, 69 Mo. 416; Fugler v. Bothe, 117 Mo. 475, 22 S. W. 1113; Steinhauser v. Spraul, 127 Mo. 562, 28 S.- W. 620, 30 S. W. 102; Epperson v. Tel.
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Appeal from Audrain Circuit Court. — Hon. H. W. Johnson, Judge. (1) At the close of the plaintiff’s case, the demurrer to the evidence should have been sustained. Smith v. Railway, 69 Mo. 32; Bowen v. Railway, 95 M'o. 274; Cagney v. Railway, 69 Mo. 416; Fugler v. Bothe, 117 Mo. 475, 22 S. W. 1113; Steinhauser v. Spraul, 127 Mo. 562, 28 S.- W. 620, 30 S. W. 102; Epperson v. Tel. Co., 155 Mo. 346, 50 S. W. 795, 55 S. W. 1050; Minnier v. Railway, 167 Mb. 112, 66 S. W. 1072; Stalzer v. Packing. Co., 84 Mo. App. 570; Anderson v. Forrester-Nace Co., 103 Mo. App. 382, 77 S. W. 486. (2) At the close…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The accident was not novel in its character nor one that is altogether unusual; such misfortunes befell in the time of Moses, as we read in Holy Writ this wise and venerable lawgiver laid down a just rule of law in res*123pect to them. He commanded the Israelites to divide their coasts in three parts and bnild cities of refuge in each of them to which the unmalicious slayer might flee and live. The unfortunate wielder of an axe was classed as one who might escape the avenger of blood. Moses said: “As when a man goeth into the woud with his neighbor to hew wood, and…
2Cases cited11 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Fugler v. BotheSupreme Court of Missouri · 1893
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
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