Harris v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Marion Circuit Court. — Hon. Theo. Brace, Judge. (1) The court should have sustained defendant’s demurrer to the evidence, and failing to do this erred in refusing to sustain defendant’s motion for a new trial on the ground that the verdict is against the evidence and contrary to law.
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Appeal from Marion Circuit Court. — Hon. Theo. Brace, Judge. (1) The court should have sustained defendant’s demurrer to the evidence, and failing to do this erred in refusing to sustain defendant’s motion for a new trial on the ground that the verdict is against the evidence and contrary to law. Powell v. Railroad, 76 Mo. 80 ; Randall v. Railroad, 109 U. S. 478; March v. Railroad, 29 N. H. '42; Railroad v. Hazzard, 26 111. 373 ; Railroad v. Pay, 16 111. 56S; Railroad v. Jones, 95 U. S. 439 ; Railroad v. Judson, 34 Mich. 34 ; Brown v. Railroad, 49 Mich. 153 ; Abend v. Railroad, 19 0. L. J.…
1Opinion of the CourtNorton, J.
This is an action to recover damages-for injuries to plaintiff while a passenger on one of defendant’s trains, and alleged to have been occasioned by the carelessness and negligence of defendant’s servants in managing the train, whereby he was thrown down on the floor of the car and seriously injured. The answer was a- general denial, and also set up contributory negligence on the part of plaintiff. The case is before us on defendant’s appeal from the judgment rendered for plaintiff. At the close of plaintiff’s evidence defendant asked an instruction by way of demurrer to it, which the court…
2Cases cited2 opinions
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
3Cited by16 opinions
- Louisville & Nashville Railroad v. BischIndiana Supreme Court · 1889
- Pasley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Dorsey v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1900
- Burbridge v. Kansas City Cable RailroadCourt of Appeals of Kansas · 1889
- Kansas City Sewer Pipe Co. v. SmithCourt of Appeals of Kansas · 1889
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