Legal Opinion

Cohen v. St. Louis, Iron Mountain & Southern Railway Co.

Missouri Court of Appeals

Decided October 23, 1894PublishedCited by 6 opinions

Appeal from the St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) The court erred in overruling the demurrers to the evidence interposed by defendant at the close of plaintiff’s case, and of the whole case. Stanarcl Milling Co. v. White Line, 26 S. W. Rep. 708; Basnight v. Railroad, 16 S. E. Rep. 324; Pikev. Railroad, 40 Wis. 583; Waldv.

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Appeal from the St. Louis City Circuit Court.—Hon. Daniel Dillon, Judge. (1) The court erred in overruling the demurrers to the evidence interposed by defendant at the close of plaintiff’s case, and of the whole case. Stanarcl Milling Co. v. White Line, 26 S. W. Rep. 708; Basnight v. Railroad, 16 S. E. Rep. 324; Pikev. Railroad, 40 Wis. 583; Waldv. Railroad, 18 S. W. Rep. 850; Jones v. Railroad, 50 Barb. 205; Roth v. Railroad, 34 N. Y. 548; Railroad v. Boyce, 73 111. 515; Goodbar v. Railroad, 53 Mo. App. 437; Guffey v. Railroad, 53 Mo. App. 469. (2) The court erred in giving illegal…

1Opinion of the CourtRombauer, P. J.

The plaintiff was a passenger on the defendant’s railroad from Delta to DeLassus station, and on taking passage delivered to the defendant a trunk containing his personal effects. The plaintiff and his trunk arrived safely on the same train at DeLassus at 3 o’clock p. m. The plaintiff, upon arrival of the train, at once took passage in a hack for Farmington, a place three miles distant, without either claiming his trunk or giving any directions to the defendant’s agents touching its custody. The defendant’s agent thereupon placed the trunk into the baggage room, which formed part of…

2Cases cited4 opinions

  1. Mote v. Chicago & N. W. R. R.Supreme Court of Iowa · 1869
  2. Michigan Southern & Northern Indiana Railroad v. ShurtzMichigan Supreme Court · 1859
  3. Bartholomew v. St. Louis, Jacksonville & Chicago RailroadIllinois Supreme Court · 1870
  4. Van Gilder v. C. & N. W. R.Supreme Court of Iowa · 1876

3Cited by6 opinions

  1. Levi v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1911
  2. Bradley v. Chicago & Northwestern Railway Co.Appellate Court of Illinois · 1909
  3. Hapgood Plow Co. v. Wabash Railway Co.Missouri Court of Appeals · 1895
  4. White v. DavisSupreme Court of Minnesota · 1922
  5. Saffa v. Ill. Cent. R.R. Co.Missouri Court of Appeals · 1926

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