Curry v. St. Louis-San Francisco Railway Co.

This is an action for personal injury. Plaintiff recovered and defendant appealed.

■ Plaintiff received the injuries for which he sues in a wreck September 1, 1922. In the petition plaintiff invoked the rule of res ipsa loquitur. The answer is a general denial and a special plea that the wreck was caused by an unprecedented rainfall and flood which could not have been foreseen or anticipated.

Error is assigned (1) on the petition; (2) on the refusal of an instruction in the nature of a demurrer to the evidence at the close of the case; (3) on the admission of evidence; and (4) on the…