Reading v. Chicago Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas.— Hon. D. H. Eby, Judge. (1) The trial court should have given appellant’s instruction in the nature of a demurrer to the evidence at the conclusion of the respondent’s case in chief qnd certainly should have given that instruction at the conclusion of all of the evidence in this cause. Ficldand & Son v. Railroad, 115 Mo. App. 633; Otrich v. Railroad, 154 Mo.
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Appeal from Louisiana Court of Common Pleas.— Hon. D. H. Eby, Judge. (1) The trial court should have given appellant’s instruction in the nature of a demurrer to the evidence at the conclusion of the respondent’s case in chief qnd certainly should have given that instruction at the conclusion of all of the evidence in this cause. Ficldand & Son v. Railroad, 115 Mo. App. 633; Otrich v. Railroad, 154 Mo. App. 420; Meyers v. Railroad, 90 Mo. 98; Paddock v. Railroad:, 155 Mo. 524; Huston Bros. v. Railroad, 63 Mo. App. 671; Milne v. Railroiad, 155 Mo. App. 465; Warner v. Railroad, 137 S. W. 275;…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on laecount of defendant’s negligence in maintaining its stock pen. Plaintiff recovered and defendant prosecutes the appeal.
It appears defendant maintains a stock pen for the accommodation of shippers at a siding or station on its railroad at Reading, about seven miles from Louis*126iana, Missouri. Plaintiff is a farmer and ships cattle and hogs over defendant’s railroad from Reading station several times each year. Defendant maintains no office and has no agent at Reading but all shipments of stock from that point are negotiated through its freight…
2Cases cited8 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Mason v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Lackland v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1903
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3Cited by4 opinions
- Feldewerth v. Wabash RailroadMissouri Court of Appeals · 1914
- Morrison Grain Co. v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
- Humphreys v. St. Louis & Hannibal Railway Co.Missouri Court of Appeals · 1915
- Reading v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1915