Feldewerth v. Wabash Railroad
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. James D. Barnett, Judge. (1) Appellant’s demurrer to the evidence, offered at the close of the plaintiff’s case, and again at the close of all the evidence, should have been given, and the court erred in submitting the case to the jury, because: (a) The evidence shows that defendant’s agents and employees then operating the said freight train were not guilty of negligence as a matter of law.
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Appeal from Montgomery Circuit Court. — Hon. James D. Barnett, Judge. (1) Appellant’s demurrer to the evidence, offered at the close of the plaintiff’s case, and again at the close of all the evidence, should have been given, and the court erred in submitting the case to the jury, because: (a) The evidence shows that defendant’s agents and employees then operating the said freight train were not guilty of negligence as a matter of law. (b) The undisputed evidence shows that the plaintiff, herself, was guilty of negligence in failing to keep a lookout to 'the west, when she saw and knew that…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through defendant’s negligence. Plaintiff recovered! and defendant prosecutes the appeal.
Plaintiff received her injuries while crossing defendant’s railroad track in the town of Wentzville, through defendant’s local freight train suddenly backing against the buggy in which she was riding. It appears the local freight train had been standing for a couple of hours on the north or “passing track” at Wentzville. The train was headed to the westward, and the caboose stood about four feet west of the west end…
2Cases cited9 opinions
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Sommers v. St. Louis Transit Co.Missouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Yates v. ManchesterSupreme Court of Missouri · 1949
- Annin v. JacksonSupreme Court of Missouri · 1937
- Egan v. PalmerMissouri Court of Appeals · 1926
- Neely v. FreezeMissouri Court of Appeals · 1949
- Eastridge v. Kennett Cypress & Hardwood Lumber Co.Missouri Court of Appeals · 1915
5 more not listed; retrieve them via the Exa API.