Baecker v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Ho». R. 8. Ryors, Judge. (1) The court erred in sustaining the demurrer to plaintiff’s evidence, at the close of her case. A demurrer to the evidence admits every fact which the jurors may infer, if the evidence were before them, and should be sustained only when -the evidence thus considered fails to make proof of some essential averment.
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Appeal from Gasconade Circuit Court. — Ho». R. 8. Ryors, Judge. (1) The court erred in sustaining the demurrer to plaintiff’s evidence, at the close of her case. A demurrer to the evidence admits every fact which the jurors may infer, if the evidence were before them, and should be sustained only when -the evidence thus considered fails to make proof of some essential averment. Koexner v. Car Co., 209 Mo. 141; Riñe v. Railroad, 10 Mo. 228; Bender v. Railroad, 137 Mo. 242. (2) Under the evidence introduced, plaintiff was entitled to have her case submitted to the jury, under the humanitarian…
1Opinion of the CourtLamm, J.
Negligence. Plaintiff sues for $10,000 damages for the death of her husband and, cast below on a demurrer to hfer evidence, appeals.-
Morrison is a way-station on the main line of the Missouri Pacific railroad on the east side of Osage county. Gasconade is the first way-station east of Morrison on the same railroad and is located near the west bank of the Gasconade river in Gasconade county. Hermann is the capital of Gasconade county and the *510next station east of Gasconade on said railroad. Washington is a station on the same railroad on the east side of Franklin county and a good way east of…
2Cases cited1 opinion
- Dyrcz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
3Cited by8 opinions
- Henkrick v. KurnSupreme Court of Missouri · 1944
- George v. Mo. Pac. R.R. Co.Missouri Court of Appeals · 1923
- Allen v. Chicago, Rock-Island & Pacific Railway Co.Missouri Court of Appeals · 1932
- Boehm v. General Electric Co.Missouri Court of Appeals · 1913
- Newell v. DickinsonMissouri Court of Appeals · 1921
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