Holland v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Dade Circuit Court. — No». H. C. Timmonds, Judge. (1) Defendant’s demurrer at the close of plaintiff’s evidence should have been sustained and the instruction directing a verdict in its favor should have been given. Erwin v. Railroad, 94 Mo. App. 289; Hartley v. Street Railway, 148 Mo. 141; Scott v. Dock Co., 10 Jur. N. S. 1108; Guffy v. Railroad, 53 Mo. App. 469; Wait v. Railroad, 165 Mo. 612; Hite v. Street Railway, 130 Mo. 133; Holt v. Railroad, 84 Mo.
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Appeal from Dade Circuit Court. — No». H. C. Timmonds, Judge. (1) Defendant’s demurrer at the close of plaintiff’s evidence should have been sustained and the instruction directing a verdict in its favor should have been given. Erwin v. Railroad, 94 Mo. App. 289; Hartley v. Street Railway, 148 Mo. 141; Scott v. Dock Co., 10 Jur. N. S. 1108; Guffy v. Railroad, 53 Mo. App. 469; Wait v. Railroad, 165 Mo. 612; Hite v. Street Railway, 130 Mo. 133; Holt v. Railroad, 84 Mo. App. 443; Frohriep v. Railway, (Mich.) 91 N. W. 748; Claflin v. Dodson, 111 Mo. 20. (2) The court erred in not sustaining the…
1Opinion of the CourtBroaddus, J.
This is an action hy plaintiff to recover damages for injuries alleged to have been received December 24, 1902, while a passenger on one of defendant’s trains consisting of four freight cars and a passenger coach, making what is known as a “mixed” train. The coach was a combination car divided by a partition, one part being used for passengers and the other for baggage.. According to the plaintiff, this car on the day of Ms alleged injury was crowded with passengers to the extent that he was unable to obtain a seat, and while he was standing in the aisle of the coach, which was attached to…
2Cases cited7 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- May v. CrawfordSupreme Court of Missouri · 1899
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3Cited by3 opinions
- Taylor v. Bamberger Electric R.Utah Supreme Court · 1923
- Brooks v. Terminal RailroadMissouri Court of Appeals · 1955
- Siegel v. Illinois Central RailroadMissouri Court of Appeals · 1915