Hall v. St. Louis & Suburban Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan, Judge. (1) Tlie court erred in refusing to give defendant’s instruction, which was in the nature of a demurrer to the pleadings and evidence, (a) Plaintiff’s statement of his case failed to state facts sufficient to constitute a cause of action. Pat., Code PL, sec. 421; Gurley v. Railroad, 93 Mo. 445; Jacquin v. Railroad, 57 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. O’Neill Ryan, Judge. (1) Tlie court erred in refusing to give defendant’s instruction, which was in the nature of a demurrer to the pleadings and evidence, (a) Plaintiff’s statement of his case failed to state facts sufficient to constitute a cause of action. Pat., Code PL, sec. 421; Gurley v. Railroad, 93 Mo. 445; Jacquin v. Railroad, 57 Mo. App. 320; McCarty v. Rood Hotel, 144 Mo. 397; Tarnell v. Railroad, 113 Mo. 570; Maggioli v. Transit Co., 108 Mo-. App. 416. (b) Plaintiff’s evidence showed no negligence of defendant, but showed…
1Opinion of the CourtNortoni, J.
The suit is for damages to plaintiff’s carriage occasioned by the defendant’s street car colliding with same. It originated before a justice of the peace, and found i ts way into the circuit court, where it was tried and a recovery had by plaintiff upon the following statement:
“St. Louis & Suburban Ry. Co., to D. H. Hall, Dr.
“To damages sustained by reason of collision on 22d of May near Compton avenue and Franklin avenue in breaking carriage and other damages, sustained in collision car 339 of St. Louis & Suburban Road, $135.”
The evidence on part of plaintiff tended to prove *665that, about oue…
2Cases cited10 opinions
- Mitchell v. Bradstreet Co.Supreme Court of Missouri · 1893
- Walsh v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Muth ex. of Reuter v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1901
- Nolan v. JohnsSupreme Court of Missouri · 1894
- Aston v. St. Louis Transit Co.Missouri Court of Appeals · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Schroer v. BrooksMissouri Court of Appeals · 1920
- Sowders v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Keefe v. Seattle Electric Co.Washington Supreme Court · 1909
- Connelly v. ParrishMissouri Court of Appeals · 1915
- Tockstein v. BimmerleMissouri Court of Appeals · 1910
3 more not listed; retrieve them via the Exa API.