Legal Opinion

Kirby v. St. Louis & San Francisco Railroad

Missouri Court of Appeals

Decided July 7, 1910PublishedCited by 3 opinions

Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) There were no facts proved from which defendant’s negligence could be inferred, and the demurrer to the evidence should have been sustained. Guffey v. Railroad, 53 Mo. App. 468; Pryor v. Railroad, 85 Mo. App. 376; Shields v. Railroad, 87 Mo. App. 646; Saxton v. Railroad, 98 Mo. App. 503; Bond v. Railroad, 110 Mo. App. 131; Hecker y. Railroad, 110 Mo.

Read the full summary

Appeal from Pemiscot Circuit Court. — Hon. Henry O. Riley, Judge. (1) There were no facts proved from which defendant’s negligence could be inferred, and the demurrer to the evidence should have been sustained. Guffey v. Railroad, 53 Mo. App. 468; Pryor v. Railroad, 85 Mo. App. 376; Shields v. Railroad, 87 Mo. App. 646; Saxton v. Railroad, 98 Mo. App. 503; Bond v. Railroad, 110 Mo. App. 131; Hecker y. Railroad, 110 Mo. App. 166; Bartley v. Railroad, 148 M'o. 140; Peck v. Transit Co., 178 Mo. 627; Neville v. Railroad, 158 Mo. 316; Wait v. Railroad, 165 Mo. 622; Hedrick v. Railroad, 195 Mo.…

1Opinion of the CourtCox, J.

This is an action for personal injuries alleged to have been received by plaintiff while alight*308ing from defendant’s passenger train at Steele, Missouri. Trial by jury, verdict for plaintiff for seventy-five hundred dollars, and defendant has appealed.

The evidence shows the home of plaintiff to be at Forest City, Arkansas; that she purchased a ticket and became a passenger over the defendant’s road at Memphis, Tennessee, bound for Steele, Missouri, on November 4, 1905; that when the train arrived at Steele, Missouri, plaintiff was sitting near the rear end of the coach, and her testimony tends…

2Cases cited7 opinions

  1. Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
  2. Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
  3. Hurt v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
  4. Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
  5. Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Elliott v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911
  2. Phoenix Railway Co. v. BealsArizona Supreme Court · 1919
  3. Thomure v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API