Wingfield v. Wabash Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — flow. Jamies H. Slover, Judge. (1) The court committed error in refusing the demurrer to the evidence and the defendant’s instruction in the nature of a demurrer offered at the close of all the evidence, because the evidence fails to prove facts sufficient to constitute a cause of action. 1 LaBatt on Master and Servant, secs. 29, 267; Holloran v. Iron & Foundry Co., 133 Mo. 470. (2) The plaintiff failed to prove fraud in the execution of…
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Appeal from Jackson Circuit Court. — flow. Jamies H. Slover, Judge. (1) The court committed error in refusing the demurrer to the evidence and the defendant’s instruction in the nature of a demurrer offered at the close of all the evidence, because the evidence fails to prove facts sufficient to constitute a cause of action. 1 LaBatt on Master and Servant, secs. 29, 267; Holloran v. Iron & Foundry Co., 133 Mo. 470. (2) The plaintiff failed to prove fraud in the execution of the release; and for this reason the court erred in refusing the demurrer to the evidence, and ibe instruction in the…
1Opinion of the CourtG Eaves, J.
The facts of this case were well stated by Bond, J., then Commissioner, when this case was pending in Division No. One. To that statement, we shall add but one thing, i. e. the full text of plaintiff’s reply, which we think important in the discussion of a question raised. The statement of Bond, J., is as follows:
“Plaintiff sues for injuries sustained by him on June 291, 1906', while working for the defendant upon *351a water tank at or near Keytesville, Missouri, which he alleges, through the negligence of defendant, collapsed, gave way and fell, causing him severe and permanent injuries. The…
2Cases cited14 opinions
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. HambrightSupreme Court of Arkansas · 1908
- Hedin v. Minneapolis Medical & Surgical InstituteSupreme Court of Minnesota · 1895
- St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Stack v. General Baking Co.Supreme Court of Missouri · 1920
- MacKlin v. Fogel Construction Co.Supreme Court of Missouri · 1930
- Heigold v. United Railways CompanySupreme Court of Missouri · 1925
- Prince v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1950
- Conklin v. Missouri Pacific RailroadSupreme Court of Missouri · 1932
15 more not listed; retrieve them via the Exa API.