Fullerton v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Bollinger Circuit Court.—Hon. James D. Fox, Judge. (1) The court committed error in refusing to give instruction, in the nature of a demurrer to the evidence, offered at the conclusion of plaintiff’s case, and also upon the close of the whole case. Harris v. Railway, 89 Mo. 233; Smotherman v. Railway, 29 Mo. App. 265; Ferguson v. Railway, 79 Ya. 241; Aspell v. Railway, 23 Pa.
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Appeal from the Bollinger Circuit Court.—Hon. James D. Fox, Judge. (1) The court committed error in refusing to give instruction, in the nature of a demurrer to the evidence, offered at the conclusion of plaintiff’s case, and also upon the close of the whole case. Harris v. Railway, 89 Mo. 233; Smotherman v. Railway, 29 Mo. App. 265; Ferguson v. Railway, 79 Ya. 241; Aspell v. Railway, 23 Pa. St. 147. (2) The court erred in giving instruction number 1, on part of the plaintiff. Furnish v. Railway, 102 Mo. 438; McGee v. Railway, 92 Mo. 208; Smith v. Railway, 108 Mo. 249; Gilson v. Railway, 76…
1Opinion of the CourtBond, J.
The plaintiff took passage on a freight train belonging to defendant from Bismark to Knob Lick. When the train reached a point about a furlong distant from Knob Lick it stopped. At this point the rear part of the train, including the caboose upon which plaintiff was riding, was detached, and the engine and front part of the train proceeded towards the station for the purpose of switching some of the cars on a side track. After this was done the engine came back and was reattached to the portion of the train which had been cut off, and proceeded to draw it to the station. While this was being…
2Cases cited3 opinions
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
- Hughes v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Harris v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
3Cited by4 opinions
- Ray v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1910
- Gabriel v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909
- Tickell v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1910
- Vancleve v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1904