Gibler v. Terminal Railroad
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — Eon. E. W. Johnson, Judge. (1) The court erred in overruling the demurrer to the evidence: (a) Because the evidence showed that defendant was exercising ordinary care to clean up its bridge and keep it in safe condition. Ordinary care was all that was required of defendant in this connection. Grigsby v. Chappell, 5 Rich.
Read the full summary
Appeal from Audrain Circuit Court. — Eon. E. W. Johnson, Judge. (1) The court erred in overruling the demurrer to the evidence: (a) Because the evidence showed that defendant was exercising ordinary care to clean up its bridge and keep it in safe condition. Ordinary care was all that was required of defendant in this connection. Grigsby v. Chappell, 5 Rich. L. (S. C.) 445. (b) Because plaintiff’s own testimony shows that he was guilty of negligence in selecting the route which he chose to walk upon when he knew of the presence of the ice, slush and snow, and when by stepping back on to the…
1Opinion of the CourtBurgess, J.
This is an action fox damages for personal injuries alleged to have been sustained by plaintiff by reason of the negligence of defendant in allowing the sidewalk on the bridge known as the Eads Bridge, spanning the Mississippi river at the city of St. Louis, upon which plaintiff was walking as a foot passenger, to remain in a defective and dangerous condition. The suit was instituted in -the circuit court of the city of St. Louis, and the venue changed to Audrain county, where the case was tried on the 1st day of July, 1904, resulting in a verdict and judgment for $5,000 in favor of…
2Cases cited9 opinions
- Liese v. MeyerSupreme Court of Missouri · 1898
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Robertson v. Wabash RailroadSupreme Court of Missouri · 1899
- Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Goetz v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Murray Ex Rel. Murray v. Pearson Appliance StoreNebraska Supreme Court · 1952
- Hamilton v. Patton Creamery Co.Supreme Court of Missouri · 1949
- Spica v. McDonaldSupreme Court of Missouri · 1960
- Sirounian v. Terminal Railroad Assn. of St. LouisMissouri Court of Appeals · 1942
- Sharp v. City of CarthageSupreme Court of Missouri · 1928
10 more not listed; retrieve them via the Exa API.