Eversole v. Wabash Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) The court committed error in overruling the defendant’s demurrer to the evidence, and also committed error in refusing to grant the defendant’s instruction in the nature of a demurrer to the evidence. Eckert v. Railroad, 43 N. T. 502; Donahue v. Railroad, 83 Mo. 560; Morris v. Railroad, 148 N. Y. 182; Deville v. Railroad, 50 Cal. 383; Corbin v. Philadelphia, 7 A. M. Neg.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) The court committed error in overruling the defendant’s demurrer to the evidence, and also committed error in refusing to grant the defendant’s instruction in the nature of a demurrer to the evidence. Eckert v. Railroad, 43 N. T. 502; Donahue v. Railroad, 83 Mo. 560; Morris v. Railroad, 148 N. Y. 182; Deville v. Railroad, 50 Cal. 383; Corbin v. Philadelphia, 7 A. M. Neg. Rep. 563; McManamee v. Railroad, 135 Mo. 440. (2) The plaintiff was a volunteer and the evidence does not warrant a recovery. (3) There was no proof of…
1Opinion of the CourtGraves, J.
Action for personal injuries. Verdict and judgment for plaintiff in the sum of $10,000, from which the defendant has appealed. P1a.iut.iff is an experienced railroad man, but was not an employee of the defendant. The negligence complained of is best stated in the following extract from the petition:
“On or about the 20th day of August, 1906, and at about the hour of 3:30 p. m., the defendant company, through a crew of engine men and switchmen, was operating a train consisting of an engine and about fifteen or twenty freight cars from the north, on to and south through, across and beyond the…
2Cases cited2 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
3Cited by26 opinions
- McConnell v. Pic-Walsh Freight CompanySupreme Court of Missouri · 1968
- Tayer v. York Ice MacHinery Corp.Supreme Court of Missouri · 1938
- Dorman v. East St. Louis Railway Co.Supreme Court of Missouri · 1934
- Huckleberry v. Missouri Pacific RailroadSupreme Court of Missouri · 1930
- Boyd v. Terminal Railroad Association of St. LouisSupreme Court of Missouri · 1956
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