Hawk v. Chicago, Burlington & Quincy Railway Co.
Missouri Court of Appeals
Appeal from Livingston Circuit Court. — Eon. Joshua W. Alexander, Judge. (1) The court erred in not sustaining the demurrer of the appellant to the evidence. Hedrick v. Railroad, 195 Mo. 104; Portuchek v. Railroad, 101 Mo. App. 52; Guffey v. Railroad, 58 Mo. App. 462; Erwin v. Railroad, 94 Mo. App. 291; Bartley v. Railroad, 148 Mb. 140. The physical facts show that it was impossible for the plaintiff to have been injured while he was sitting and the verdict cannot stand.
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Appeal from Livingston Circuit Court. — Eon. Joshua W. Alexander, Judge. (1) The court erred in not sustaining the demurrer of the appellant to the evidence. Hedrick v. Railroad, 195 Mo. 104; Portuchek v. Railroad, 101 Mo. App. 52; Guffey v. Railroad, 58 Mo. App. 462; Erwin v. Railroad, 94 Mo. App. 291; Bartley v. Railroad, 148 Mb. 140. The physical facts show that it was impossible for the plaintiff to have been injured while he was sitting and the verdict cannot stand. Phippin v. Railroad, 196 Mo. 343; Petty v. Railroad, 179 Mo. 678. Neither courts nor juries are bound to stultify…
1Opinion of the CourtJohnson, J.
This is an action by a passenger against a common carrier to recover damages resulting from personal injuries alleged to have been caused by the negligence of the carrier. Verdict and judgment were in favor of plaintiff in the sum of $958 and defendant appealed.
*660On the morning of August 31, 1904, the plaintiff purchased a ticket from defendant’s agent at Ckillicothe which entitled him to ride to Hamilton, and became a passenger on a freight train on which passengers were permitted to ride. The train consisted of an engine and twenty cars, fourteen of which were equipped with air-brakes. At…
2Cases cited2 opinions
- Guffey v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1893
- Hedrick v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
3Cited by11 opinions
- Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
- St. Louis & S. F. Ry. Co. v. GosnellSupreme Court of Oklahoma · 1909
- Rigg v. HartSupreme Court of Missouri · 1953
- Rosenweig v. WellsSupreme Court of Missouri · 1925
- Hunt v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1917
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