Butts v. Gaar-Scott & Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. The court erred in overruling the demurrer to the evidence offered at the close of plaintiff’s case, and again interposed at the close of the whole case, because : (a) There was no evidence of any negligence in warning the approaching train of the obstruction on the crossing. Frounfelker v. Railroad, 77 N. Y. Sup. 470; Railroad v. Culpepper, 19 Tex. Civ.
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Muench, Judge. The court erred in overruling the demurrer to the evidence offered at the close of plaintiff’s case, and again interposed at the close of the whole case, because : (a) There was no evidence of any negligence in warning the approaching train of the obstruction on the crossing. Frounfelker v. Railroad, 77 N. Y. Sup. 470; Railroad v. Culpepper, 19 Tex. Civ. App. 182; Smith v. Railroad, 113 Mo. 70. (b) There was no evidence tending to show any negligence in removing the obstruction from the crossing, (c) Plaintiff was himself…
1Opinion of the CourtReynolds, P. J.
(after stating the facts). — In their argument before us the learned counsel for appellant state that the only points they urge on this appeal are that the lower court committed error in overruling the demurrer to the evidence, asked by defendant at the close of plaintiff’s ease and also in overruling that demurrer when it was again offered at the close of all the testimony.
It is argued that these demurrers should have been sustained because, first, there was no evidence that defendant was guilty of any -negligence in the *327premises, and'secondly, plaintiff’s own evidence shows he was guilty of…
2Cases cited7 opinions
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
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3Cited by1 opinion
- Lujan v. ReedNew Mexico Supreme Court · 1967