Burns v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.'—Hon. Hugo Muench, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence, (a) Because the evidence failed to show the defendant was negligent in the respects charged in the petition. Mueller v. Railways, 155' Mo. App. 528; Beve v. Transit Co., 212 Mo. 68; Monroe v. Railroad, 155 Mo. App. 710. (b) Because it is physically impossible for the accident to have happened the way plaintiff claims it did.
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Appeal from St. Louis City Circuit Court.'—Hon. Hugo Muench, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence, (a) Because the evidence failed to show the defendant was negligent in the respects charged in the petition. Mueller v. Railways, 155' Mo. App. 528; Beve v. Transit Co., 212 Mo. 68; Monroe v. Railroad, 155 Mo. App. 710. (b) Because it is physically impossible for the accident to have happened the way plaintiff claims it did. McClannahan v. Railroad, 147 Mo. App. 387; Browning v. Railroad, 106 Mo. App. 729; Cook v. Railroad, 162 Mo. 569; Phippin v.…
1Opinion of the CourtAllen, J.
This is an action for personal in- ' juries alleged to have been suffered by plaintiff by being struck and injured by some object projecting from a car of defendant, whilst plaintiff was standing near defendant’s track, on a cinder pathway maintained by defendant for the use of its patrons. Plaintiff recovered and defendant prosecutes the appeal.
The petition alleges that, on January 11, 1909, plaintiff was standing on a cinder path or platform, at a stopping place for defendant’s cars, known as Wheaton, in the county of St. Louis, intending to take passage upon a car of what is known as…
2Cases cited13 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Burridge v. New York Life InsuranceSupreme Court of Missouri · 1908
- Hicks v. Pacific RailroadSupreme Court of Missouri · 1877
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3Cited by6 opinions
- Vosburg v. SmithMissouri Court of Appeals · 1954
- Evans v. Missouri Pacific RailroadSupreme Court of Missouri · 1938
- Noce v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1935
- Gallagher v. St. Louis Public Service Co.Supreme Court of Missouri · 1933
- West v. DuncanMissouri Court of Appeals · 1923
1 more not listed; retrieve them via the Exa API.