Hamilton v. Kansas City Southern Railway Co.
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Eon. F. C. Jolmston, Judge. The demurrer to the evidence tendered by defendant should have been sustained. (1) Deceased’s death was not the proximate cause of his alleged negligent expulsion, but it happened while he was a trespasser and there is no proof whatever of any of the circumstances attending the accident.
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Appeal from Newton Circuit Court. — Eon. F. C. Jolmston, Judge. The demurrer to the evidence tendered by defendant should have been sustained. (1) Deceased’s death was not the proximate cause of his alleged negligent expulsion, but it happened while he was a trespasser and there is no proof whatever of any of the circumstances attending the accident. Hughes v. Railroad, 67 S. W. (Ky.) 984; Gwyn v. Railroad, 155 Fed. 88; Brown v. Railroad, 103' Ky. 211; Railroad v. Logan, 88 Ky. 232; Gaullder v. Railroad, 130 Mich. 166; Roseman v. Railroad, 112 S. C. 709, 19 L. R. A. 327; Railroad v. Bryant,…
1Opinion of the Court
OPINION.
BOND, J.
(After stating the facts as above).
Constitutional Question. I. The constitutional question raised in the answer touching the validity of the Damage Act as now amended has been decided since this appeal was taken contrary to the position of appellant. [Burge v. Railroad, 244 Mo. 76.] Hence, we retain jurisdiction of the case, which we would'not do had the above decision been rendered at the time the case was appealed. [Taylor v. Railroad, 207 Mo. l. c. 499.]
Ejecting Drunken Passenger. II. The questions decisive of this appeal are, whether under the testimony of respondent and…
2Cases cited4 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Phillips v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
- Bennett v. Terminal RailroadSupreme Court of Missouri · 1912
3Cited by19 opinions
- Phillips v. Travelers Insurance Co.Supreme Court of Missouri · 1921
- Sparks v. AuslanderSupreme Court of Missouri · 1944
- First National Bank of Fort Smith v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1993
- State Ex Rel. Missouri Public Utilities Co. v. CoxSupreme Court of Missouri · 1923
- Henkrick v. KurnSupreme Court of Missouri · 1944
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