Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. The court erred in sustaining defendant’s demurrer to plaintiff’s evidence, and in instructing the jury to find for defendant. Richard Whitehead was not a trespasser upon the defendant’s side track; he was not a mere licensee, he was more than that. While in the car loading freight he was where he had a right to be.
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Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. The court erred in sustaining defendant’s demurrer to plaintiff’s evidence, and in instructing the jury to find for defendant. Richard Whitehead was not a trespasser upon the defendant’s side track; he was not a mere licensee, he was more than that. While in the car loading freight he was where he had a right to be. He was there by invitation of the railroad company; and while in the performance of his duty, and without any fault on his part, his life was destroyed by a locomotive and train of cars operated by- the agents and…
1Opinion of the CourtGantt, P. J.
This is an appeal from the Butler Circuit Court.
When the cause was reached on the docket counsel for respondent insisted that the appeal should be dismissed for failure to comply with the rules of this court, particularly rules 12 and 13.
It is obvious that counsel for appellant have failed to comply with either the spirit or the letter of those rules.
They were designed to aid this court in grasping a full and complete understanding of the questions presented in the circuit court and it is therefore provided *479in rule 13 that “in all cases where a complete transcript is brought to this court in…
2Cases cited6 opinions
- Bobb v. WolffSupreme Court of Missouri · 1899
- Brand v. CannonSupreme Court of Missouri · 1893
- Garrett v. Kansas City Coal Mining Co.Supreme Court of Missouri · 1892
- Halstead v. StoneSupreme Court of Missouri · 1899
- Clements v. TurnerSupreme Court of Missouri · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Shaffer v. DetieSupreme Court of Missouri · 1905
- Whiting v. Big River Lead Co.Supreme Court of Missouri · 1906
- State Ex Inf. Attorney-General v. ParrishSupreme Court of Missouri · 1925
- Herman Savings Bank v. KroppSupreme Court of Missouri · 1915
- Lawrence County Mutual Telephone Co. v. HopeMissouri Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.