Hipsley v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Nodaway Circuit Court. — Hon. II. S. Kelley, Judge. (1) Plaintiff should not have been confined to showing the condition of the road at the immediate place of the accident and at the time of its occurrence. He should have been allowed to show the general bad condition of the road.
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Appeal from Nodaway Circuit Court. — Hon. II. S. Kelley, Judge. (1) Plaintiff should not have been confined to showing the condition of the road at the immediate place of the accident and at the time of its occurrence. He should have been allowed to show the general bad condition of the road. Sheldon v. Railroad Co., 14 N. Y. 218 ; Shears man & Redf. on Neg., p. 397, sec. 833 ; Henry v. Railroad Co., 50 Cal. 176. (2) The court erred in sustaining the instruction in the nature of a demurrer to plaintiff ’ s evidence. For, when plaintiff had shown that he was a passenger on defendant ’ s cars,…
1Opinion of the CourtNorton, J.
Plaintiff, who was a passenger on defendant’s road, to be carried from the town of Bolckow, in Andrew county, to Hopkins, in Nodaway county, brought this suit to recover damages for injuries sustained by him caused by the derailment of the train on which he had taken passage. After all the evidence, hoth on the part of the plaintiff and defendant, was introduced the court at defendant’s instance gave an instruction that under the pleadings and evidence plaintiff was not entitled to recover, and took the case from the jury. Prom the judgment of the court in refusing to set aside the non-suit…
2Cases cited6 opinions
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Bryan v. WearSupreme Court of Missouri · 1835
- Kenney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Steamboat City v. MatthewsSupreme Court of Missouri · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Charlton Ex Rel. Charlton v. LovelaceSupreme Court of Missouri · 1943
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
37 more not listed; retrieve them via the Exa API.