Maloy v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. John P. Strother, Judge. (1) The additional testimony offered by plaintiff should have been received. Tierny v. Spiva, 76 Mo. 279. (2) The demurrer to the plaintiff5 s evidence should have been overruled, and the trial court erred in taking the «ase from the jury.
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Appeal from Lafayette Circuit Court. — Hon. John P. Strother, Judge. (1) The additional testimony offered by plaintiff should have been received. Tierny v. Spiva, 76 Mo. 279. (2) The demurrer to the plaintiff5 s evidence should have been overruled, and the trial court erred in taking the «ase from the jury. Brown v. R. R., 50 Mo. 461; Norton v. Iftner, 56 Mo. 351; Kelly v. R. R., 70 Mo. .604 ; Coolc v. R. R., 12 Reporter 351; Tanner v. R. R., 60 Ala. 631. It is enough for plaintiff to raise a fair presumption of negligence. Probability is sufficient to go the jury. Abbott’s Trial Evidence,…
1Opinion of the CourtHenry, C. J.
This is an action instituted in the Lafayette circuit court by plaintiff to recover $5,000 damages for the killing of her husband, John Maloy, on the sixth day of September, 1880, by a locomotive drawing a train of cars, which, it is alleged, was occasioned by the negligence, unskilfulness, and carelessness of the agents of defendant in managing, conducting, and. running said locomotive and train. The answer was a *273general denial, except as to the incorporation oí defendant and the killing óf John Maloy by a train of cars, and, as to the negligence alleged, denies it, and charges negligence on…
2Cases cited5 opinions
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Yarnall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Purl v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
3Cited by11 opinions
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Candee v. Kansas City & Independence Rapid Transit RailwaySupreme Court of Missouri · 1895
- Carrier v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903
- Riley v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1897
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