Hager v. Terminal Railroad
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Ho». H. W. Johnson, Judge. (1) The demurrer to the evidence should have been sustained because none of the negligence charged in the petition was shown. A plaintiff can never recover in a negligence case without proving some negligence on the part of defendant.
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Appeal from St. Charles Circuit Court. — Ho». H. W. Johnson, Judge. (1) The demurrer to the evidence should have been sustained because none of the negligence charged in the petition was shown. A plaintiff can never recover in a negligence case without proving some negligence on the part of defendant. Harper v. Railroad, 187 Mo. 575; Chandler v. Gas Go., 174 Mo. 321. (2) The demurrer to the evidence should have been sustained because plaintiff was guilty of negligence which directly contributed to cause his own injury in undertaking to ride on the car which he knew to be a crippled car, and…
1Opinion of the CourtGraves, J.
Plaintiff instituted action in the circuit court of the city of St. Louis against the defendant, the purpose of which was to recover damages for personal injuries. By change of venue, the case went to St. Charles county, whereupon a trial, without evidence upon behalf of defendant, was had; the plaintiff obtained judgment for $5,000, from which defendant appeals. The defendant having stood upon its demurrer to the testimony, and that being practically the only question urged here, a full statement of the case is thereby required. The petition charges negligence as follows:
“That on the 24th…
2Cited by6 opinions
- Kegan v. Park BankSupreme Court of Missouri · 1928
- Flack v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1920
- King v. Kaw-Mo Wholesale Grocer Co.Missouri Court of Appeals · 1915
- Wilson v. United Railways Co.Missouri Court of Appeals · 1909
- Anderson v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
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