Lange v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — How. Samuel Davis, Judge. (1) The court erred in refusing to sustain appellant’s demurrer to the evidence. Carrier v. Railroad, 175 Mo. 481; Zumault v. Railroad, 175 Mo. 311; Holwerson v. Railroad, 157 Mo. 261; Tanner v. Railroad, 161 Mo. 497; Coleman v. Land Company, 105 Mo.
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Appeal from Lafayette Circuit Court. — How. Samuel Davis, Judge. (1) The court erred in refusing to sustain appellant’s demurrer to the evidence. Carrier v. Railroad, 175 Mo. 481; Zumault v. Railroad, 175 Mo. 311; Holwerson v. Railroad, 157 Mo. 261; Tanner v. Railroad, 161 Mo. 497; Coleman v. Land Company, 105 Mo. App. 271; Yan Back v. Railroad, 171 Mo. 338; Spillane v. Railroad, 135 Mo. 414. (2) A child can be guilty of contributory negligence the same as an adult, regard being had to its age, etc., and where the act of the child is the sole cause of the injury, there can be no recovery.…
1Opinion of the CourtWoodson, J.
This suit was instituted in the circuit court of Lafayette county, seeking to recover $20,000 damages for personal injuries received by plaintiff, through the alleged negligence of the defendant by running one of its cars upon and over her right leg and so mangling it as to render amputation thereof necessary, just below the knee. There was a trial before the court and jury, which resulted in a verdict and judgment for the plaintiff for the sum of $5,000'. After taking the proper preliminary steps, the defendant appealed the cause to this court.
There is no question presented here regarding…
2Cases cited12 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Haniford v. City of KansasSupreme Court of Missouri · 1890
- Hawes v. Kansas City Stock-Yards Co.Supreme Court of Missouri · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Stack v. General Baking Co.Supreme Court of Missouri · 1920
- Heigold v. United Railways CompanySupreme Court of Missouri · 1925
- Monroe v. Chicago & Alton Railroad Co.Supreme Court of Missouri · 1920
- Perkins v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1932
- Deborah Barkley v. McKeever Enterprises, Inc. d/b/a Price ChopperSupreme Court of Missouri · 2015
21 more not listed; retrieve them via the Exa API.