Hahs v. Cape Girardeau & Chester Railroad
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. Reversed and remanded as to Chesterville, Perry-VILLE AND STE. GENEVIEVE RAILWAY COMPANY. Reversed as to Cape Girardeau and Chester Railroad Company. (1) The court erred in overruling the objection to the admission of any evidence and in overruling the motion for judgment on the pleadings, and in overruling the motion in arrest.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. Reversed and remanded as to Chesterville, Perry-VILLE AND STE. GENEVIEVE RAILWAY COMPANY. Reversed as to Cape Girardeau and Chester Railroad Company. (1) The court erred in overruling the objection to the admission of any evidence and in overruling the motion for judgment on the pleadings, and in overruling the motion in arrest. A full release and quittance of plaintiff’s cause stood confessed in the pleadings, (a) A full release and quittance was pleaded and described in the answer and it stood confessed as it was…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to the plaintiff through the alleged negligence of the defendants. Plaintiff recovered and both defendants appeal.
The defendants are domestic corporations, that is to say, they are each railroad companies incorporated and existing under the laws of this State. They own connecting lines of railroads in southeast Missouri. The defendant, Cape Girardeau & Chester R. R. Co., owned the railroad on which the plaintiff received his injury. It was being operated, however, at the time by the other defendant, The Chester, Perryville & Ste. Genevieve Ry. Co., in whose…
2Cases cited31 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Kelly v. ThueySupreme Court of Missouri · 1898
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Nugent v. Boston, Concord & Montreal RailroadSupreme Judicial Court of Maine · 1888
- Ward v. FaginSupreme Court of Missouri · 1890
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3Cited by5 opinions
- Hannah v. ButtsSupreme Court of Missouri · 1932
- Sharp v. W. & W. TRUCKING COMPANYSupreme Court of Missouri · 1967
- Muller v. Mutual Benefit Health & Accident Ass'nMissouri Court of Appeals · 1934
- Settles v. MooreMissouri Court of Appeals · 1910
- Wilson v. DuffyMissouri Court of Appeals · 1911