O'Connor v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Rots. T. A. GrILL, Judge. (1) Defendant’s objection to the introduction of any evidence, because the petition fails to state a cause of action, should have been sustained. There is noaverment in the petition that the plaintiff was exercising due care, ñor any facts stated from which such inference can be made. (2) Defendant’s instruction in the nature of a demurrer to the evidence should have been given.
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Appeal from Jackson Circuit Court. — Rots. T. A. GrILL, Judge. (1) Defendant’s objection to the introduction of any evidence, because the petition fails to state a cause of action, should have been sustained. There is noaverment in the petition that the plaintiff was exercising due care, ñor any facts stated from which such inference can be made. (2) Defendant’s instruction in the nature of a demurrer to the evidence should have been given. Deceased ’ s own carelessness in failing to look and listen for an approaching train shows such contributory negligence as precludes a recovery. Taylor v.…
1Opinion of the CourtBlack, J.
The defendant appealed from a judgment in favor of the plaintiff for five thousand dollars-damages for the death of her husband, who was run, over by one of the defendant’s cars at-or near the intersection of Union avenue and Hickory street, in Kansas-City, in February, 1886.
The defendant offered no evidence. That for the-plaintiff is, in substance, as follows: “Hickory street runs north and south, and Union avenue crosses it in a northwesterly direction. Hickory street forms; the eastern boundary of the defendant’s switchyards, and Union avenue extends along the northeast side thereof..…
2Cases cited7 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
- Brown v. New York Central RailroadNew York Court of Appeals · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Crawford v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1908
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
26 more not listed; retrieve them via the Exa API.