Gurley v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Gass Circuit Qourt. — Hon. N. M. Givan, Judge. (1) Tlie defendant’s demurrer to the evidence should have been sustained. There was no evidence of any negligence in causing the cars to collide with each other, nor any evidence that defendant, by any means or in any manner, caused the collision. (2) The court erred in giving plaintiff’s first instruction.
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Appeal from Gass Circuit Qourt. — Hon. N. M. Givan, Judge. (1) Tlie defendant’s demurrer to the evidence should have been sustained. There was no evidence of any negligence in causing the cars to collide with each other, nor any evidence that defendant, by any means or in any manner, caused the collision. (2) The court erred in giving plaintiff’s first instruction. In it the jury were not restricted to the negligence charged in the petition upon which a recovery could be had, but were told that he might recover if they found the defendant was guilty of any negligence. Anderson v. McPilce, 86…
1Opinion of the CourtBlack, J.
Plaintiff recovered a judgment against the defendant for ten thousand dollars damages for personal injuries. The grounds of the defendant’s complaint are: (1) The refusal of the court to sustain a demurrer to the plaintiff’s evidence; (2) the giving of plaintiff’s first instruction ; (3) excessive damages.
Twelve or fifteen years ago the defendant constructed a plank walk from its depot at Pleasant Hill, to the Planters’ House, at that place. The walk was then intended to accommodate passengers in going to and from the dining-room at the hotel. It has, at all times since, been used by the…
2Cases cited4 opinions
- Capital Bank v. ArmstrongSupreme Court of Missouri · 1876
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Buffington v. Atlantic & Pacific R. R.Supreme Court of Missouri · 1876
3Cited by29 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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