Hendrix v. Wabash Railroad
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. H. W. Johnson, Judge. (1) The burden is upon the plaintiff in this case to establish negligence of the defendant from Which any injury follows. Cash v. Railroad, 81 Mo.
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Appeal from Audrain Circuit Court. — Hon. H. W. Johnson, Judge. (1) The burden is upon the plaintiff in this case to establish negligence of the defendant from Which any injury follows. Cash v. Railroad, 81 Mo. App. 109 ; Plefka v. Knapp, 145 Mo. 316; 2 Joyce on Damages, sec. 1282; Witting v. Railroad, 101 Mo. 641. (2) The court erred in refusing to give defendant’s instruction No. 3, because that instruction submitted the true rule of damages as provided for in the contract of shipment. McFadden v. Railroad, 92 Mo. 343; Kellerman v. Railroad, 136 Mo. 177; Wyrick v. Railroad, 74 Mo. App. 406;…
1Opinion of the CourtBland, P. J.
At the June term, 1903, of the Au-drain circuit court, the plaintiff recovered a verdict and judgment against the defendant. Timely motions for new trial and in arrest of judgment were filed and were continued over to August, 1903, to which month the June term was adjourned. Prior to August, 1903, Hon. E. M. Hughes, judge of the Audrain circuit court, died and Hon. R. D. Rodgers was appointed his successor. Judge Rodgers duly qualified and held the August term pursuant to the June adjournment. Judge Rodgers having been of counsel in this and a number of other cases pending in the Audrain…
2Cases cited7 opinions
- Dart v. LaimbeerNew York Court of Appeals · 1887
- Lacy v. BarrettSupreme Court of Missouri · 1882
- O'Connor v. Current River RailroadSupreme Court of Missouri · 1892
- Coles v. ThompsonCourt of Appeals of Texas · 1894
- Dawson v. DawsonMissouri Court of Appeals · 1888
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3Cited by4 opinions
- Keithley v. LuskMissouri Court of Appeals · 1915
- Cohen v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
- Dauwalter v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- Lide Laney v. Texas P. Ry.Court of Appeals of Texas · 1930