Easley v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The trial court should not have permitted the plaintiff to testify that there was no light at the alleged crossing where he was injured. There was no ordinance requiring a light to be kept at that point, and, therefore, the defendant was not required to keep one there. (2) The testimony of the plaintiff to the effect that none of defendant’s employes came to him after he was hurt, was not proper.
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Appeal from Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The trial court should not have permitted the plaintiff to testify that there was no light at the alleged crossing where he was injured. There was no ordinance requiring a light to be kept at that point, and, therefore, the defendant was not required to keep one there. (2) The testimony of the plaintiff to the effect that none of defendant’s employes came to him after he was hurt, was not proper. It had no legitimate bearing on any issue in the case, and was introduced for the purpose of creating prejudice against the…
1Opinion of the CourtBarclay, J.
Plaintiff was run over by one of defendant’s trains and lost a leg in consequence. The object of this action is to establish defendant’s liability for that mishap because of its negligence in several particulars which will appear later.
The defense was a denial of the negligence alleged and a charge of contributory negligence on the part of plaintiff.
The points advanced for a reversal do not require a statement of the pleadings.
The case was tried before Judge Eield and a jury, with the result of a verdict for plaintiff for $4,000, on which judgment was rendered, after ineffectual motions for…
2Cited by35 opinions
- City of Tarkio v. CookSupreme Court of Missouri · 1894
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Reich v. ThompsonSupreme Court of Missouri · 1940
- Liese v. MeyerSupreme Court of Missouri · 1898
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