Boyce v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The court erred in giving plaintiff’s instruction number one, first because the jury are not therein required to find that any negligence of defendant was the proximate cause of her injury, and in the second place, because it was not shown by the evidence that any negligence of defendant was the proximate cause of plaintiff’s injury. G-illiland v. Railway, 19 Mo.
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Appeal from Lafayette Circuit Court. — Hon. Samuel Davis, Judge. (1) The court erred in giving plaintiff’s instruction number one, first because the jury are not therein required to find that any negligence of defendant was the proximate cause of her injury, and in the second place, because it was not shown by the evidence that any negligence of defendant was the proximate cause of plaintiff’s injury. G-illiland v. Railway, 19 Mo. App. 411, 418; Hayley v. Transit Co., 179 Mo. 30; Foley v. MacMahon, 90 S. W. 113. (2) The court erred in admitting testimony of an alleged conversation between…
1Opinion of the CourtBroaddus, P. J.
This is a suit for damages for negligence. The facts of the case are as follows. On the evening of October 16, 1903, the plaintiff, in company with her daughter-in-law, Mrs. Dorothy Boyce, started to go to the opera house in the town of Odessa. They took the usual route on the south side of Mason street, which crosses the defendant’s track at its station. When they got to defendant’s tracks, they stopped and waited for a passenger train to go by. They also saw a freight train standing on the passing track, which was cut in two to allow the passing of traffic on the street, which crossed the…
2Cases cited12 opinions
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Dickson v. Omaha & St. Louis RailroadSupreme Court of Missouri · 1894
- Perrigo v. City of St. LouisSupreme Court of Missouri · 1904
- Gilliland v. Chicago & Alton RailroadMissouri Court of Appeals · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Perkins v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1932
- Feeney v. Wabash RailroadMissouri Court of Appeals · 1907
- Messer v. GentryMissouri Court of Appeals · 1927
- Ransom v. Union Depot Co.Missouri Court of Appeals · 1910
- McNeil v. City of Cape GirardeauMissouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.