Legal Opinion

Eisenberg v. Missouri Pacific Railway Co.

Missouri Court of Appeals

Decided November 27, 1888PublishedCited by 7 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Shepabd Barclay, Judge. The court erred in admitting incompetent and irrelevant evidence offered by the plaintiff. Hipsley v. Railroad, 88 Mo. 351; Ely v. Railroad, 77 Mo. 34. The court erred in refusing the instruction, in the nature of a demurrer to the evidence, asked by the defendant at the close of plaintiff’s case.

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Appeal from the St. Louis City Circuit Court. — Hon. Shepabd Barclay, Judge. The court erred in admitting incompetent and irrelevant evidence offered by the plaintiff. Hipsley v. Railroad, 88 Mo. 351; Ely v. Railroad, 77 Mo. 34. The court erred in refusing the instruction, in the nature of a demurrer to the evidence, asked by the defendant at the close of plaintiff’s case. Railroad v. Houston, 95 U. S. 702; Cadstein v. Railroad, 46 Wis. 406; Achtenhagen v. City, 18 Wis. 331; Wilson v. City, 8 Allen, 138; Durgin v. City, 61 Barb. 427; Railroad v. Adams, 19 Am. & Eng. Ry. Cas. 380. The court…

1Opinion of the Court

Rombatter, P. J,

delivered the opinion of the court.

The plaintiff’s petition states in substance that the defendant is a railroad corporation, and was, at the date of the grievance complained of, the owner of a certain lot in the city of St. Louis ; that over and across said lot the defendant had for years maintained a road for the use of its patrons; that upon said lot near said railroad there was a deep hole or excavation which the defendant carelessly and negligently suffered to remain unguarded and unfenced ; that the plaintiff’s team using said roadway by defendant’s invitation, owing to…

2Cases cited5 opinions

  1. Smith v. City of St. JosephSupreme Court of Missouri · 1870
  2. Welch v. McAllisterMissouri Court of Appeals · 1884
  3. Durkin v. City of TroyNew York Supreme Court · 1872
  4. Blake v. City of St. LouisSupreme Court of Missouri · 1867
  5. Jones v. City of BostonMassachusetts Supreme Judicial Court · 1870

3Cited by7 opinions

  1. Moran v. Pullman Palace Car Co.Supreme Court of Missouri · 1896
  2. Branan v. WimsattCourt of Appeals for the D.C. Circuit · 1924
  3. Skottowe v. Oregon Short Line, Ry. Co.Oregon Supreme Court · 1892
  4. Hauck v. Kansas City Public Service Co.Missouri Court of Appeals · 1947
  5. Brock v. St. Louis Transit Co.Missouri Court of Appeals · 1904

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