Coudy v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) The court erred in permitting, against the objection of defendant, the introduction of any evidence under the allegations of the petition, as it only contains a general charge of negligence, and under the rule adopted by our Supreme Court and the court of appeals, is fatally defective. Waldhier v. The Phan. & St. Joe Ii. P. Co., 71 Mo. 514; Leduke v. St. Loiois & Iron Mountain P. P. Co., 4 Mo.
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Appeal from St. Louis Court of Appeals. (1) The court erred in permitting, against the objection of defendant, the introduction of any evidence under the allegations of the petition, as it only contains a general charge of negligence, and under the rule adopted by our Supreme Court and the court of appeals, is fatally defective. Waldhier v. The Phan. & St. Joe Ii. P. Co., 71 Mo. 514; Leduke v. St. Loiois & Iron Mountain P. P. Co., 4 Mo. App. 485. (2) The plaintiff, upon his own testimony, ought not to recover, and the demurrer to the evidence, at the close of the plaintiff’s case, should have…
1Opinion of the CourtNobton, J.
This suit was instituted in the circuit court of the city of St. Louis by plaintiff to recover damages for personal injuries received by him while a passenger on one of defendant’s trains, alleged to have been occasioned by the negligence of defendant in the management of its train. The answer was a specific denial of the facts alleged in the petition, and also set up contributory negligence on the part of plaintiff. On the trial plaintiff obtained judgment for $6,000 damages, from which defendant appealed to the St. Louis court of appeals where the judgment was affirmed, from which defendant…
2Cases cited7 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Railroad Company v. PollardSupreme Court of the United States · 1875
- Holbrook v. . the Utica and Schenectady Railroad Co.New York Court of Appeals · 1855
- Stockton v. FreyCourt of Appeals of Maryland · 1846
- Farish & Co. v. ReigleSupreme Court of Virginia · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Sharp v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1893
- C. O. G. Railroad Co. v. DeperadeSupreme Court of Oklahoma · 1903
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
13 more not listed; retrieve them via the Exa API.