Tyon v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis.— Hon. J. Hugo Grimm, Judge. (1) The instruction in the nature of a demurrer to the evidence ought to have been given for the reason that there was no evidence to establish negligence on the part of defendant in any of the particulars alleged in the petition, nor in any other particular under the circumstances shown in evidence.
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Appeal from the Circuit Court of the City of St. Louis.— Hon. J. Hugo Grimm, Judge. (1) The instruction in the nature of a demurrer to the evidence ought to have been given for the reason that there was no evidence to establish negligence on the part of defendant in any of the particulars alleged in the petition, nor in any other particular under the circumstances shown in evidence. Near v. Railroad, 261 Mo. 80, 91, 97; Current v. Railroad, 86 Mo. 62. (2) The plaintiff knew that the car had not been inspected by the defendant and therefore he could not rely upon defendant having exercised…
1Opinion of the CourtAllen, P. J.
This is an action for personal injuries sustained by plaintiff while in the employ of the defendant railway company as a switchman. The petition alleges that the defendant is a common carrier engaged in interstate commerce, and that on September 3, 1916, plaintiff was in defendant’s employ in the city of St. Louis, as a switchman, engaged in switching cars^ used by the defendant in interstate commerce, and that while performing his duties as such switchman he too1’ hold of a handhold on the roof of a box car on which he' was working, for the purpose of descending from the roof of the car, and…
Also in this document: Concurrence.
2Cases cited26 opinions
- Texas & Pacific Railway Co. v. RigsbySupreme Court of the United States · 1916
- United States Ex Rel. Touhy v. RagenSupreme Court of the United States · 1951
- Minneapolis & St. Louis Railroad v. GotschallSupreme Court of the United States · 1917
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Helm v. ZarecorSupreme Court of the United States · 1911
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3Cited by8 opinions
- Jacobs v. DancigerSupreme Court of Missouri · 1931
- Boyle v. Neisner Bros., Inc.Missouri Court of Appeals · 1935
- Brady v. Wabash Railway Co.Supreme Court of Missouri · 1932
- Gilstrap v. Osteopathic Sanatorium Co.Missouri Court of Appeals · 1929
- Rush v. ThompsonSupreme Court of Missouri · 1947
3 more not listed; retrieve them via the Exa API.