Saeger v. Wabash Railroad
Missouri Court of Appeals
Error to Sell ujier Circuit Court. — Son. Nat. M. Shelton, Judge. (1) The court erred in refusing a demurrer at the close of plaintiff’s evidence; also at the close of all the evidence. The allegation is that the train stopped and while she was attempting to alight, it suddenly and violently started and she was thrown onto the platform. This allegation is wholly unsupported by the evidence; there was a total failure of proof.
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Error to Sell ujier Circuit Court. — Son. Nat. M. Shelton, Judge. (1) The court erred in refusing a demurrer at the close of plaintiff’s evidence; also at the close of all the evidence. The allegation is that the train stopped and while she was attempting to alight, it suddenly and violently started and she was thrown onto the platform. This allegation is wholly unsupported by the evidence; there was a total failure of proof. She was not seeking to recover for injuries received while alighting from slowly moving train. She must recover upon the cause of action as alleged, which is that the…
1Opinion of the CourtBroaddus, P. J.
This is a suit to recover damages for the alleged negligence of the defendant in the *286operation of its passenger train whereby the plaintiff was damaged.
The allegations of the petition are to the effect: That on the 27th day of December, 1906, the plaintiff took passage on the defendant’s train at Queen City for Julesburg; that when the train arrived at her destination it did not stop a reasonable length of time to allow plaintiff to alight in safety; but barely slowed up to a short-stop; and that while she was attempting to alight from the lower step of the platform of the car, the train was…
2Cases cited3 opinions
- Bond v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1904
- Green v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1904
3Cited by3 opinions
- Craig v. Wabash RailroadMissouri Court of Appeals · 1910
- Gunn v. United Railways Co.Missouri Court of Appeals · 1913
- Miller v. SnyderMissouri Court of Appeals · 1910