Phippin v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court.— Hon. J. H. Slover, Judge. (1) The trial court should have directed a verdict for defendant. 1. There was no evidence tending to show negligence on the part of defendant. The mere fact that an accident occurred does not raise a presumption of negligence on the part of the defendant. It was necessary that plaintiff establish, by substantial evidence, his allegation of negligence on the part of defendant, which he failed to do.
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Appeal from Jackson Circuit Court.— Hon. J. H. Slover, Judge. (1) The trial court should have directed a verdict for defendant. 1. There was no evidence tending to show negligence on the part of defendant. The mere fact that an accident occurred does not raise a presumption of negligence on the part of the defendant. It was necessary that plaintiff establish, by substantial evidence, his allegation of negligence on the part of defendant, which he failed to do. Blumenthal v. Torini, 40 Mo. 159; Rea v. Ferguson, 72 Mo. 225; Crane v. Timberlake, 81 Mo. 481; Avery v. Fitzgerald, 94 Mo. 207; Long…
1Opinion of the CourtGantt, J.
On the 22nd day of March, 1902, the plaintiff commenced this action for damages in the circuit court of Jackson county, Missouri.
After alleging that the defendant was a railroad corporation duly organized under the laws of this State, his petition proceeds to aver: “That on the 15th day of September, 1901, and for several months prior thereto, plaintiff was, and had been, in the defendant’s employ as a switchman in its railroad yards situated in what is known as the west bottoms of Kansas City, Jackson county, Missouri; that plaintiff’s duties were to couple and uncouple cars, switch them…
2Cases cited27 opinions
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Blanton v. DolbSupreme Court of Missouri · 1891
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
22 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- State v. HendersonSupreme Court of Missouri · 1947
- In Re CoeSupreme Court of Missouri · 1995
- Maternia v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1947
26 more not listed; retrieve them via the Exa API.