Barton v. St. Louis & Iron Mountain Railroad
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. I. There being no evidence of any negligence on tbe part of the defendant causing the injury complained of, it was the duty of the court to direct the jury accordingly. II. The facts being agreed by the parties or found by the triers, negligence is a question of law for the court.
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Appeal from, St. Louis Circuit Court. I. There being no evidence of any negligence on tbe part of the defendant causing the injury complained of, it was the duty of the court to direct the jury accordingly. II. The facts being agreed by the parties or found by the triers, negligence is a question of law for the court. (Sherman and Redf. on Negligence, § 11, note 3; Parvis vs. Coleman, 1 Bosw., 326; Moore vs. Westervelt, Id., 357; Dascomb vs. Buffalo and State Line R. R. Co., 27 Barb., 227; Biles vs. Holmes, 11 Ire., 19 ; Heathcock vs. Pennington, Id., 642 ; Pittsburgh & C. R. R. Co. vs.…
1Opinion of the CourtEwino, Judge
This is an action for damages for an injury received by the plaintiff while a passenger on one of defendant’s cars. The evidence tended to prove that when injured the plaintiff was sitting in the rear car of the train, at or near an open window, and that the injury to his arm was caused by the car coming *255in contact with a wagon loaded with a skiff among other things. As to the position of his arm at the time, whether inside or protruded out of the window, the evidence was somewhat conflicting.
There was a verdict and judgment for the plaintiff, and a motion for a new trial being overruled, the…
2Cases cited3 opinions
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
- Luckett v. WilliamsonSupreme Court of Missouri · 1860
3Cited by15 opinions
- Fernandes v. Sacramento City Ry.California Supreme Court · 1877
- Hogan v. Citizens' Railway Co.Supreme Court of Missouri · 1899
- Cogan v. Cass Avenue & Fair Grounds Railway Co.Missouri Court of Appeals · 1902
- Ga. Pacific Railway Co. v. UnderwoodSupreme Court of Alabama · 1890
- Gage v. St. Louis Transit Co.Supreme Court of Missouri · 1908
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