Tannehill v. Kansas City, Clinton & Springfield Railway Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Eon. Andrew A. WMtseft, Judge. (1) “Contributory negligence, as a rule, Is a matter of defense, which must be pleaded and proved by the defendant. When plaintiff makes out a prima-facie case, entitling him to go to the jury, the burden then shifts to the defendant, if he relies upon plaintiff’s negligence, to disprove and overcome that case, to the satisfaction of the jury.
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Appeal from Cass Circuit Court. — Eon. Andrew A. WMtseft, Judge. (1) “Contributory negligence, as a rule, Is a matter of defense, which must be pleaded and proved by the defendant. When plaintiff makes out a prima-facie case, entitling him to go to the jury, the burden then shifts to the defendant, if he relies upon plaintiff’s negligence, to disprove and overcome that case, to the satisfaction of the jury. And the prima-facie case for plaintiff having been made out, the case can never be peremptorily taken from the jury,- for, however strong the countervailing testimony of plaintiff’s…
1Opinion of the CourtParis, J.
Appellant as the curator of certain minor children of one H. Earl Tennehill, deceased, sued to recover damages for the negligent killing of the latter by a passenger train of defendant. Upon a trial nisi, the court at the close of plaintiff’s case in chief sustained defendant’s demurrer to the evidence. There*163upon plaintiff took a voluntary nonsuit with leave. Cast in his motion to set this nonsuit aside, plaintiff in the conventional mode appealed.
The grounds upon which plaintiff, pursuant to his petition, seeks to fix liability upon defendant, are: (a) The failure and neglect of defendant’s…
2Cases cited29 opinions
- Thompson v. Los Angeles & San Diego Beach Railway Co.California Supreme Court · 1913
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
- Hanser v. BieberSupreme Court of Missouri · 1917
- Campbell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
- Corley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1913
24 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- State Ex Rel. Kansas City Southern Railway Co. v. ShainSupreme Court of Missouri · 1937
- Grubb v. Illinois Terminal Co.Illinois Supreme Court · 1937
- Mendenhall v. NeyerSupreme Court of Missouri · 1941
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- James v. BerryMissouri Court of Appeals · 1957
38 more not listed; retrieve them via the Exa API.