Oglesby v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Where the testimony shows that the injury complained of, could have happened in more than one way, and there is no testimony showing how it did occur, then it becomes a matter of conjecture, and, as the burden of proof devolves upon the plaintiff to establish negligence affirmatively, he failed to make out a ease, and the court should have accordingly directed a verdict for defendant. 1 Greenl. on Evid.
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Appeal from Bates Circuit Court. — Hon. James H. Lay, Judge. (1) Where the testimony shows that the injury complained of, could have happened in more than one way, and there is no testimony showing how it did occur, then it becomes a matter of conjecture, and, as the burden of proof devolves upon the plaintiff to establish negligence affirmatively, he failed to make out a ease, and the court should have accordingly directed a verdict for defendant. 1 Greenl. on Evid. (15 Ed.), sec. 11; Perkins v. Eailroad, 103 Mo. 58; Wintuska’s Admr. v. Eailroad, 20 S. W. 820; Hughes v. Eail-road, 16 S. W.…
1Opinion of the Court
SEPARATE OPINION.
VALLIANT, J.
This is a suit for damages for personal injuries sustained in the wreck of a 'freight train of defendant, by plaintiff who was a brakeman on the train.
The petition states substantially that defendant railroad company was the owner of a line of railway, engines and trains, of cars, and engaged in operating the same between Kansas City and St. Louis, and plaintiff was in the service of defendant as brakeman on a freight train that started from Kansas City on December 11, 1892, bound for St. Louis; the defendant negligently furnished and placed in the train '‘a car…
Also in this document: Concurrence; Per curiam.
2Cases cited63 opinions
- Tuttle v. Detroit, Grand Haven & Milwaukee RailwaySupreme Court of the United States · 1887
- Evansville & Terre Haute Railroad v. DuelIndiana Supreme Court · 1893
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Kohn v. McNultaSupreme Court of the United States · 1893
- Walker v. OwenSupreme Court of Missouri · 1883
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3Cited by14 opinions
- Saxton v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1903
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903
- Farmers Bank v. Manchester Assurance Co.Missouri Court of Appeals · 1904
- Chase v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1905
- State v. CallawaySupreme Court of Missouri · 1900
9 more not listed; retrieve them via the Exa API.