Waldhier v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court, — Hon. T. A. Gill, Judge. (1) The demurrer to the evidence should have been sustained. Waldhier v. Ry., 71 Mo. 514 ; 2 Thompson on Neg. 1008. (2) The first instruction given for plaintiff changed the issue of the track being permitted to remain out of repair, as made in the petition, to that of negligence in its construction. Such a change of issue was erroneous.
Read the full summary
Appeal from Jackson Circuit Court, — Hon. T. A. Gill, Judge. (1) The demurrer to the evidence should have been sustained. Waldhier v. Ry., 71 Mo. 514 ; 2 Thompson on Neg. 1008. (2) The first instruction given for plaintiff changed the issue of the track being permitted to remain out of repair, as made in the petition, to that of negligence in its construction. Such a change of issue was erroneous. Buffington v. Ry., 64 Mo. 246 ; Waldhier Ry., 71 Mo. 514; Price v. Ry., 72 Mo. 414; Edens v. Ry., 72 Mo. 212 ; Bullene v. Smith, 73 Mo. 151; Ely v. Ry., 77 Mo. 34. (3) The second and third…
1Opinion of the CourtBlack, J.
This suit was begun in 1874, because of personal injuries receiyed by the plaintiff in 1872. On *44the first trial he had judgment for eight thousand dollars, which was reversed on defendant’s appeal (71 Mo. 514). The pleadings were amended, and on the second trial there was a verdict and judgment for plaintiff for twenty-five thousand dollars, from which defendant again appealed.
The plaintiff, seventeen years of age at the time of the accident, was in the employ of the defendant as a day switchman at its yards in Kansas City. While thus •engaged he was run over by a freight train, his right…
2Cases cited4 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Dale ex rel. Dale v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1876
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
3Cited by23 opinions
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Haniford v. City of KansasSupreme Court of Missouri · 1890
18 more not listed; retrieve them via the Exa API.