Jones v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Barton Circuit Court. — 7Hon. H. O. Timmonds, Judge. (1) Tbe court erred in submitting tbe case to tbe jury as against tbe St. Louis & San Erancisco Railroad Company. This company, on the plaintiff’s own showing, bad completed its contract, and tbe court, on tbe plaintiff’s evidence, Ought to have so declared. McCarty v. Railroad, 9 Mo. App. 159; Goldsmith v. Railroad, 12 Mo. App. 483; Bennitt v. Railroad, 46 Mo. App. 656; Minter v. Railroad, 56 Mo.
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Appeal from Barton Circuit Court. — 7Hon. H. O. Timmonds, Judge. (1) Tbe court erred in submitting tbe case to tbe jury as against tbe St. Louis & San Erancisco Railroad Company. This company, on the plaintiff’s own showing, bad completed its contract, and tbe court, on tbe plaintiff’s evidence, Ought to have so declared. McCarty v. Railroad, 9 Mo. App. 159; Goldsmith v. Railroad, 12 Mo. App. 483; Bennitt v. Railroad, 46 Mo. App. 656; Minter v. Railroad, 56 Mo. App. 282; Hance v. Railroad, 56 Mo. App. 476; Holloway v. Railroad, 62 Mo. App. 53; Bant v. Railroad, 72 Mo. App. 82; Hoagland-v.…
1Opinion of the CourtBroaddus, J.
This is a suit for personal injury commenced in Polk county on June 5, 1899, where plaintiff resided, and taken by change of venue to Barton county where it was tried. The petition alleges substantially: That on the eighth day of December, 1898,' plaintiff entered into a contract with defendant, the St. Louis & San Francisco Railroad Company, to carry certain live-stock from Elemington, Missouri, to Kansas City, Missouri; that under the terms of said contract, the plaintiff was entitled to accompany them free of *659charge; that on said day defendant ‘ accepted said live-stock with the plaintiff…
2Cases cited12 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Edmonson v. PhillipsSupreme Court of Missouri · 1880
- Boland v. RossSupreme Court of Missouri · 1894
- Kellogg v. MalinSupreme Court of Missouri · 1876
- McCann v. EddySupreme Court of Missouri · 1896
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3Cited by5 opinions
- Nowell v. ModeMissouri Court of Appeals · 1908
- Van Stewart ex rel. Magruder v. MilesMissouri Court of Appeals · 1904
- Carroll v. WoodsMissouri Court of Appeals · 1908
- Tennent Shoe Co. v. BirdseyeMissouri Court of Appeals · 1904
- Kluber v. PferdeortPennsylvania Court of Common Pleas · 1936