Winston v. Lusk
Missouri Court of Appeals
Appeal from Dunklin County Circuit Court. — Ron. W. S. G. Walker, Judge. (1) Plaintiff was the aggressor in the first fight on the depot platform, and the demurrer to the evidence under the first count of the petition should have been sustained. O’Brien v. Transit Co., 185 Mo. 269; McQuerry v. Railroad, 117 Mo. App. 255; Eads v. Railroad, 43 Mo. App. 536; Breen v. Transit Co., 108 Mo.
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Appeal from Dunklin County Circuit Court. — Ron. W. S. G. Walker, Judge. (1) Plaintiff was the aggressor in the first fight on the depot platform, and the demurrer to the evidence under the first count of the petition should have been sustained. O’Brien v. Transit Co., 185 Mo. 269; McQuerry v. Railroad, 117 Mo. App. 255; Eads v. Railroad, 43 Mo. App. 536; Breen v. Transit Co., 108 Mo. App. 452. (2) The court erred in giving instruction number 1 for plaintiff as it fails to tell the jury what would constitute a justification for the alleged assault on plaintiff, and the jury were left to…
1Opinion of the CourtSturgis, J.
— This is a suit for personal injuries inflicted on plaintiff growing out of assaults on him by defendants ’ brakeman while the relation of carrier and passenger existed between plaintiff and the railroad company being operated by defendants as receivers. The petition is in two counts, covering separate assaults by the same employee of the defendants, the first occurring while plaintiff was' attempting to board one of defendants ’ passenger trains at Kennett, Missouri, and the other about fifteen to twenty minutes later while the plaintiff was riding as a passenger on the same train.
The…
2Cases cited11 opinions
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- Smith v. FordyceSupreme Court of Missouri · 1905
- O'Brien v. St. Louis Transit Co.Supreme Court of Missouri · 1904
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3Cited by2 opinions
- Dorton v. Kansas City Railways Co.Missouri Court of Appeals · 1920
- Scott v. City of MarshallMissouri Court of Appeals · 1929