Hecker v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How. 8. G. Douglass, Judge. (1) The facts shown by the .record about which there are no dispute show plaintiff to have been guilty of contributory negligence. Weber v. Railroad, 100 Mo'. 194; Neville v. Railroad, 158 Mo. 293; Railroad v. Landauer, 36 Neb. 642; Straus v. Railroad, 75 Mo. 191; Nelson v. Railroad, 68 Mo. 593. (1) The question of contributory negligence was for the jury.
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Appeal from Jackson Circuit Court. — How. 8. G. Douglass, Judge. (1) The facts shown by the .record about which there are no dispute show plaintiff to have been guilty of contributory negligence. Weber v. Railroad, 100 Mo'. 194; Neville v. Railroad, 158 Mo. 293; Railroad v. Landauer, 36 Neb. 642; Straus v. Railroad, 75 Mo. 191; Nelson v. Railroad, 68 Mo. 593. (1) The question of contributory negligence was for the jury. The jurors being the judges of the facts and of the credibility of the witnesses and the weight of the evidence, this court will not disturb the verdict found for plaintiff.…
1Opinion of the CourtSmith, P. J.
— Action to recover damages for personal injuries. The petition alleged that, “when defendant’s train arrived at the station of defendant at Marshall, Missouri, it stopped for passengers to alight therefrom; that plaintiff then and there attempted to alight from the car of said train together with a large number of other passengers when the defendant, without allowing plaintiff a reasonable time to alight and while she was in the act of alighting, did by its agents and servants in charge of said train carelessly and negligently put said train in motion without warning to plaintiff and while…
2Cases cited5 opinions
- Darlington v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
- Murphy v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1891
- State v. DunhamSupreme Court of Missouri · 1903
- Richmond v. Quincy, Omaha & Kansas City Railway Co.Missouri Court of Appeals · 1892
- Gress v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1904