State Ex Rel. Chicago & Alton Railroad v. Allen
Supreme Court of Missouri
Certiorari. (1) The Court of Appeals, in holding that the case was one for a jury, as to whether or not the hand cars were being negligently operated by the section men too close together, in reasonable anticipation that, a section man in the ordinary and nsnal experience might suddenly slip and fall from the front car, contravened the general principle of law announced by. this court in American Brewing Assn. v. Talbot, 141 Mo. 674, 683; Fuchs v. St. Louis, 167 Mo. 620,…
Read the full summary
Certiorari. (1) The Court of Appeals, in holding that the case was one for a jury, as to whether or not the hand cars were being negligently operated by the section men too close together, in reasonable anticipation that, a section man in the ordinary and nsnal experience might suddenly slip and fall from the front car, contravened the general principle of law announced by. this court in American Brewing Assn. v. Talbot, 141 Mo. 674, 683; Fuchs v. St. Louis, 167 Mo. 620, 650; Sullivan v. Railroad, 133 Mo. 1; Williams v. Railroad, 119 [Mo. 316; Chandler v. Gas Co., 174 Mjo. 321, 328.; Nichols…
1Opinion of the CourtElder, J.
Certiorari to quash a judgment of the St. Louis Court of Appeals.
In an action for personal injuries brought by Ben C. Wagner, plaintiff, against the Chicago & Alton Railroad Company, defendant, the Circuit Court for Pike County rendered judgment for plaintiff, pursuant to a verdict of a jury, in the sum of $4,000. Defendant appealed to the St. Louis Court of Appeals,, which court affirmed the judgment (232 S. W. 771). Defendant, as relator herein, brings certiorari against respondents, Judges of the St. Louis Court of Appeals, to quash the judgment of that court.
The evidentiary facts in the…
2Cases cited23 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Abbott v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1884
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- State ex rel. Central Coal & Coke Co. v. EllisonSupreme Court of Missouri · 1917
18 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Raleigh Investment Co. v. AllenSupreme Court of Missouri · 1922
- State Ex Rel. Gatewood v. TrimbleSupreme Court of Missouri · 1933
- Mattingly v. BroderickMissouri Court of Appeals · 1931
- State Ex Rel. Kroger Grocery & Baking Co. v. HostetterSupreme Court of Missouri · 1936
- Wagner v. Chicago & Alton RailroadMissouri Court of Appeals · 1921