Golden v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from tbe De Kalb Circuit Court.—Son. Alonzo D. Burnes, Judge. (1) There was no substantial evidence to support the plaintiff’s cause of action, and the court erred after all the evidence was in, in refusing to direct a verdict for the defendant as it requested.
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Appeal from tbe De Kalb Circuit Court.—Son. Alonzo D. Burnes, Judge. (1) There was no substantial evidence to support the plaintiff’s cause of action, and the court erred after all the evidence was in, in refusing to direct a verdict for the defendant as it requested. Ilewitt v. Steele, 136 Mo. 327; Long v. Moon, 107 Mo. 3'34; Avery v. Fitzgerald, 94 Mo. 207. (2) The whole evidence proves, beyond question, that the team was frightened at the train and not at the boards and “where the evidence is of that character that the trial judge would have a plain duty to perform in setting aside the…
1Opinion of the CourtEllison, J.
This action is for personal injury and plaintiff prevailed in the trial court.
Defendant’s servants were engaged in repairing a.bridge wbicb was tbe crossing of a public bigbway over its tracks, its trains passing thereunder. In making these repairs a number of old boards were taken out and piled in tbe weeds on tbe side of tbe bigbway within a few feet of tbe traveled track. • After being permitted to remain for something more than two weeks, plaintiff with her mother and brother was passing along tbe bigbway in a buggy drawn by two horses and driven by the brother. As they came within forty…
2Cases cited12 opinions
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- House v. MetcalfSupreme Court of Connecticut · 1858
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
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3Cited by19 opinions
- Smart v. Kansas CityMissouri Court of Appeals · 1902
- Cunningham v. Township of ClaySupreme Court of Kansas · 1904
- Calcaterra v. IovaldiMissouri Court of Appeals · 1907
- Franklin v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903
- Poston v. Clarkson Construction CompanyMissouri Court of Appeals · 1966
14 more not listed; retrieve them via the Exa API.