Payne v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Richakd Field, Judge. (1) The plaintiff having failed to give any proof of the appointment and consent of the next friend to act as such and the point having been saved by a demurrer to the evidence, the judgment will have to be reversed.
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Appeal from Lafayette Circuit Court. — Hon. Richakd Field, Judge. (1) The plaintiff having failed to give any proof of the appointment and consent of the next friend to act as such and the point having been saved by a demurrer to the evidence, the judgment will have to be reversed. Porter v. Railroad, 60 Mo. 160; Sherman v. Railroad, 72 Mo. 62. (2) The court erred in refusing at the close of the evidence for the plaintiff, and at the close of all of the evidence to instruct a verdict for the defendant. According to the testimony of Claude Payne, placing the most favorable construction upon it…
1Opinion of the CourtMacfarlane, J.
The suit is to recover damages for personal injuries caused, as alleged, by the negligence of defendant in running one of its trains through the town of Higginsville. A trial before the court and a jury resulted in a verdict and judgment for plaintiff for $6,000, and defendant appealed.
The petition counted upon negligence in running and managing one of its trains as it passed through the *413town -of Higginsville and the running of said train through said town, and its public streets, at a rate of speed prohibited by ordinance. The answer was a general denial and plea of contributory negligence.
On…
2Cases cited7 opinions
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Inland Steel Co. v. YedinakIndiana Supreme Court · 1909
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Gardner v. TurkSupreme Court of Missouri · 1938
15 more not listed; retrieve them via the Exa API.