Stid v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Defendant’s demurrer to the evidence should have been sustained by the trial court, as there was no substantial evidence upon which to submit the case to the jury. Powell v. Railroad, 76 Mo. 80; Commissioner v. Clark, 94 U. S. 284; Bank v. State, 10 Wall. 639; Jackson v. Hardin, 83 Mo. 175; Avery v. Fitzgerald, 94 Mo. 207; Long v. Moon, 107 Mo. 338; Moore v. Railroad, 28 Mo. App. 622; Peck v. Railroad, 31 Mo.
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Appeal from Jackson Circuit Court. — Hon. E. P. Gates, Judge. (1) Defendant’s demurrer to the evidence should have been sustained by the trial court, as there was no substantial evidence upon which to submit the case to the jury. Powell v. Railroad, 76 Mo. 80; Commissioner v. Clark, 94 U. S. 284; Bank v. State, 10 Wall. 639; Jackson v. Hardin, 83 Mo. 175; Avery v. Fitzgerald, 94 Mo. 207; Long v. Moon, 107 Mo. 338; Moore v. Railroad, 28 Mo. App. 622; Peck v. Railroad, 31 Mo. App. 123; Zurfluh v. Railroad, 46 Mo. App. 636; Peffer v. Railroad, 98 Mo. App. 291; Railroad v. Shirtie, 97 Pa. St.…
1Opinion of the CourtGraves, P. J.
The petition in this case is somewhat verbose, and but few statements therein go to matters of negligence, but that a full statement of the case may be presented, it is best to outline all the charges of the pleadings, as well as the evidence. Beginning, therefore, with the petition, or rather the amended petition upon which the case was 'tried, the following, epitomized, is the contents thereof: (1) that defendant is a Missouri railroad corporation; (2) that said defendant had and maintained switch yards in the East Bottoms near the corporate limits of Kansas City, Jackson county, Missouri;…
2Cases cited2 opinions
- P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
- Bryan v. AceeSupreme Court of Georgia · 1859
3Cited by28 opinions
- White v. St. Louis Public Service Co.Supreme Court of Missouri · 1953
- Wolfe v. PayneSupreme Court of Missouri · 1922
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- State Ex Rel. Kansas City Public Service Co. v. BlandSupreme Court of Missouri · 1945
- American Veterinary Laboratories v. Campbell Paint & Varnish Co.Missouri Court of Appeals · 1933
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