Hawkins v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». Kimbrough Stone, Judge. (1) The plaintiff’s petition failed to allege facts sufficient to constitute a cause of action and the demurrer should have been sustained at the close of the plaintiff’s evidence. Fuchs v. Railroad, 167 Mo. 620'; Beasley v. Transit Co., 148 Mo. 421; Plefka v. Knapp, etc. Co., 145' Mo. 316; York v. Railroad, 117 Mo. 405; Casey v. Transit Co., 116 Mo.
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Appeal from Jackson Circuit Court. — Ho». Kimbrough Stone, Judge. (1) The plaintiff’s petition failed to allege facts sufficient to constitute a cause of action and the demurrer should have been sustained at the close of the plaintiff’s evidence. Fuchs v. Railroad, 167 Mo. 620'; Beasley v. Transit Co., 148 Mo. 421; Plefka v. Knapp, etc. Co., 145' Mo. 316; York v. Railroad, 117 Mo. 405; Casey v. Transit Co., 116 Mo. App. 235; 205 Mo. 721; Clark v. Railroad, 219 Mo. 541. (2) The court erred in admitting incompetent questions and answers on the impaneling of the jury. State v. Ploffman, 99 N. E.…
1Opinion of the CourtTrimble, J.
Plaintiff sues for damages sustained by the death of her husband which she alleges was caused by the negligence of the defendant.
The husband was an employee of the WaggonerGates Milling Company. A switch from defendant’s road led to the plant of this company and ran east and west between its elevator on the north and its mill on the south. The mill had a platform about four feet high, five feet wide and sixty feet in length, alongside the mill and next to the switch track. Across the track in the elevator was a door with a sill and a flight of steps leading to the ground. A heavy board…
2Cases cited18 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Moon v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Shepard v. HarrisSupreme Court of Missouri · 1959
- Lisle v. AndersonSupreme Court of Oklahoma · 1916
- Littell v. Bi-State Transit Development AgencyMissouri Court of Appeals · 1967
- Markley v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1936
- McComb v. VaughnSupreme Court of Missouri · 1949
13 more not listed; retrieve them via the Exa API.