Ficklin v. Wabash Railroad
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — Hon. William G. Ellison, Judge. (1) Upon tbe undisputed facts tbe demurrer to tbe evidence should have been sustained. Gurley v. Railway, 93 Mo. 450 ¿Witting v. Railway, 101 M.o. 640; Gashweilers v. Railway, 83 Mo. 119; Helm v. Railway, 98 Mo.
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Appeal from Gentry Circuit Court. — Hon. William G. Ellison, Judge. (1) Upon tbe undisputed facts tbe demurrer to tbe evidence should have been sustained. Gurley v. Railway, 93 Mo. 450 ¿Witting v. Railway, 101 M.o. 640; Gashweilers v. Railway, 83 Mo. 119; Helm v. Railway, 98 Mo. App. 419; Railroad v. Cleary, 77 Mo. 637; Kellerman v. Railway, 136 Mo. 188-9; Farber v. Railway, 116 Mo. 94; Walker-v. Railway, 121 M'o. 584; Raining v. Railway, 157 Mo. 509. (2) For the same reason the learned judge below should have directed a judgment in defendant’s favor at the close of the case. See authorities…
1Opinion of the CourtJohnson, J.
— Action for damages against a common carrier alleged to have been sustained in consequence of. negligence in providing cars for the shipment of live stock and in the transportation of the same to market. Plaintiffs recovered judgment in the sum of $25, and defendant appealed. Allegations in the petition pertinent to the questions submitted to us for determination are as follows:
“Plaintiffs further state that on the 20th day of Feb*636ruary, 1904, they were the owners of 488 head of sheep which they desired to ship from said station at Stan-berry to the market at South St. Joseph, Missouri, on…
2Cases cited3 opinions
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Fountain v. Wabash RailroadMissouri Court of Appeals · 1905
- Summers v. Wabash RailroadMissouri Court of Appeals · 1905
3Cited by7 opinions
- Otrich v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1911
- Meyers v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906
- S. L. S. F. R. R. Co. v. BrosiusCourt of Appeals of Texas · 1907
- Illinois Central Railroad v. Rogers & ThomasCourt of Appeals of Kentucky · 1915
- Spence v. El Paso & S. W. Co.New Mexico Supreme Court · 1922
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