Near v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. Plaintiff failed to establish a case, (a) There must be some substantial evidence to uphold a verdict. Dutcher v. Railroad, 241 Mo. 167; McNulty v. Railroad, 166 Mo. App. 461; Champagne v. Harney, 189' Mo. 729. (b) The only duty resting upon defendants was reasonable inspection. Gutridge v. Railroad, 94 Mo. 474; O’Flanagan v. Railroad, 145 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. Plaintiff failed to establish a case, (a) There must be some substantial evidence to uphold a verdict. Dutcher v. Railroad, 241 Mo. 167; McNulty v. Railroad, 166 Mo. App. 461; Champagne v. Harney, 189' Mo. 729. (b) The only duty resting upon defendants was reasonable inspection. Gutridge v. Railroad, 94 Mo. 474; O’Flanagan v. Railroad, 145 Mo. App. 283; Howard v. Railroad, 173 Mo. 529. (c) The physical facts negative all question of negligence. Champagne v. Harney, 189 Mo. 726; Phippin v. Railroad, 196 Mo. ■ 343; MeClanahan…
1Opinion of the Court
WILLIAMS, C.
This is a suit to recover damages for personal injuries. Plaintiff recovered judgment in the sum of fifteen thousand dollars in the circuit court of Jackson county, Missouri, and defendant appealed. That portion of the petition containing the charge of negligence was as follows :
“The defendant did negligently deliver to and cause the plaintiff to work as such switchman upon a *84certain freight car, not owned by defendant, and negligently failed to properly inspect the same before cansing plaintiff to work on same, which said car was worn, defective and ont of repair in this that…
2Cases cited5 opinions
- Stauffer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- Dutcher v. Wabash RailroadSupreme Court of Missouri · 1912
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Louisville & Nashville Railroad v. CampbellSupreme Court of Alabama · 1892
3Cited by6 opinions
- Swain v. Anders and Newingham.Missouri Court of Appeals · 1940
- Wilson v. Missouri Pacific RailroadSupreme Court of Missouri · 1928
- Eddy v. Missouri Public Service CompanyMissouri Court of Appeals · 1958
- Siebert v. Liggett & Myers Tobacco Co.Missouri Court of Appeals · 1925
- Slater v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1930
1 more not listed; retrieve them via the Exa API.