Legal Opinion

Wagner v. Chicago & Alton Railroad

Missouri Court of Appeals

Decided April 5, 1921Published

Appeal from the Circuit Court of Pike County. — Eon. Edgar B. Woolf oik, Judge. (1) The trial court erred in refusing defendant’s peremptory instructions offered at the close of plantiff’s evidence, and at the close.of all the evidence, for the reason that plaintiff made out no case of actionable negligence against defendant.

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Appeal from the Circuit Court of Pike County. — Eon. Edgar B. Woolf oik, Judge. (1) The trial court erred in refusing defendant’s peremptory instructions offered at the close of plantiff’s evidence, and at the close.of all the evidence, for the reason that plaintiff made out no case of actionable negligence against defendant. Reeves v. Railroad, 251 Mo. 169-176; American Brewing Ass’n v. Talbot, 141 Mo. 674; Fuchs v. St. Louis, 167 Mo. 620; Stone v. Railroad, 171 Mass. 536; Starkey v. Greenville, 189 Mo. App. 352. Baker v. Lusk, 199 Mo. App. 44; Wilt v. Coughlin, 176 Mo. App. 275. Sullivan v.…

1Opinion

The foregoing opinion of BIGGS, C., is adopted as the opinion of the court. The judgment of the circuit court is accordingly affirmed. Allen and Becker, JJ., concur.

Reporter's Note: Certiorari issued in the above cause by the Supreme Court, on hearing, was quashed, December 30, 1921. See236 S.W. 868.

2Cases cited1 opinion

  1. State Ex Rel. Chicago & Alton Railroad v. AllenSupreme Court of Missouri · 1921

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