Reed v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from. Wayne Circuit Court. — Ho». Frank HDearing, Judge; The court erred in refusing to give defendant’s instruction at the close of plaintiff’s evidence, which instruction was in the nature of a demurrer thereto. Van-Bach v. Railroad, 171 Mo. 338; Baker v. Railroad, 147 Mo. 140; Hogan v. Railroad, 150 Mo. 36; Culbertson v. Railroad, 140 Mo. 35; Nixon v. Railroad, 141 Mo. 425; Bailey v. Railway, 152 Mo. 449; Lien v. Railroad, 79 Mo.
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Appeal from. Wayne Circuit Court. — Ho». Frank HDearing, Judge; The court erred in refusing to give defendant’s instruction at the close of plaintiff’s evidence, which instruction was in the nature of a demurrer thereto. Van-Bach v. Railroad, 171 Mo. 338; Baker v. Railroad, 147 Mo. 140; Hogan v. Railroad, 150 Mo. 36; Culbertson v. Railroad, 140 Mo. 35; Nixon v. Railroad, 141 Mo. 425; Bailey v. Railway, 152 Mo. 449; Lien v. Railroad, 79 Mo. App. 475; Pinney v. Railroad, 71 Mo. App. 577; Gass v. Railroad, 57 Mo'. App. 574; Craig v. Sedalia, 63 Mo. 417; Jones v. Barnard, 63 Mo. App. 501; Easley…
1Opinion of the CourtBland, P. J.
(after stating the facts'.) — 1. The introduction of the city ordinance was objected to by defendant. The ordinance was a police regulation binding upon defendant and its non-observance by. it was evidence of negligence. Hutchinson v. Railway, 161 Mo. 246; Weller v. Railway, 164 Mo. 180; Gebhardt v. St. Louis Transit Company, 97 Mo. App. 373; Riska v. Railroad, 79 S. W. 445.
2. The demurrer to the evidence raises two questions of law to be disposed of. First, was plaintiff’s evidence sufficient to warrant the jury to find that defendant was guilty of negligence? Second, if it was, does…
2Cases cited26 opinions
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Maus v. City of SpringfieldSupreme Court of Missouri · 1890
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3Cited by2 opinions
- Campbell v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1922
- St. Louis-San Francisco Railway Co. v. FowlerSupreme Court of Arkansas · 1937