Legal Opinion

Bischoff v. People's Railway Co.

Supreme Court of Missouri

Decided March 24, 1894PublishedCited by 15 opinions

Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) The trial court erred in refusing defendant’s instruction of nonsuit offered at the close of plaintiff’s case and at the close of all the evidence in the case. The evidence failed to show negligence on the part of defendant’s • employees and did show that the negligence of the Missouri Pacific Railway Company’s employees was the cause of the accident.

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Appeal from St. Louis City Circuit Court. — Hon. L. B. Valliant, Judge. (1) The trial court erred in refusing defendant’s instruction of nonsuit offered at the close of plaintiff’s case and at the close of all the evidence in the case. The evidence failed to show negligence on the part of defendant’s • employees and did show that the negligence of the Missouri Pacific Railway Company’s employees was the cause of the accident. Kleiber v. Railroad, 107 Mo. 240; Maschek v. Railroad, 71 Mo. 276; Jackson v. Hardin, 83 Mo. 175; Hunt v. Railroad, 89 Mo. 607; Holman v. Railroad, 62 Mo. 562; Railroad…

1Opinion of the CourtBrace, J.

This is an action for damages for personal injuries in which plaintiff obtained a judgment in the St. Louis circuit court for $3,000, and the defendant appeals and assigns for error, the refusal of the court to sustain a demurrer to plaintiff’s evidence, its refusal to give an instruction to find for the. defendant at the close of all the evidence, the giving of instruction number 1 for the plaintiff, and in not setting aside the verdict because the jury disregarded instructions numbers 2 and 3 given for the defendant.

Instruction number 1 given for the plaintiff is as follows:

“1. The court…

2Cases cited1 opinion

  1. Kleiber v. People's Railway Co.Supreme Court of Missouri · 1891

3Cited by15 opinions

  1. Traver v. Spokane Street Railway Co.Washington Supreme Court · 1901
  2. Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
  3. Union Electric Company v. LevinMissouri Court of Appeals · 1957
  4. Birchall v. Capital Transit Co.District of Columbia Court of Appeals · 1943
  5. Williamson v. St. Louis Transit Co.Supreme Court of Missouri · 1907

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