Erwin v. Kansas City, Fort Scott & Memphis Railway Co.
Missouri Court of Appeals
Appeal from Howell Circuit Court. — Hon. William N. Evans, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence interposed at the close of the testimony offered by the plaintiff, and again presented at the close of all the evidence. Wait v. Railway, 65 S. W. 1028; Guffey v. Railway, 53 Mo.
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Appeal from Howell Circuit Court. — Hon. William N. Evans, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence interposed at the close of the testimony offered by the plaintiff, and again presented at the close of all the evidence. Wait v. Railway, 65 S. W. 1028; Guffey v. Railway, 53 Mo. App. 462; Reichenbach v. Ellerbe, 115 Mo. 588; Long v. Moon, 107 Mo. 334; Jackson v. Hardin, 83 Mo. 175; Powell v. Railroad, 76 Mo. 80. (2) Instruction numbered two, given on the part of respondent, is erroneous in that it demands of carriers of passengers a higher degree of care…
1Opinion of the CourtBland, P. J.
The material averments of the petition axe that plaintiff was a passenger on one of defendant’s freight trains and, “That plaintiff, while lying on the seat in the caboose of said train, below Marked Tree, in the State of Ai*kansas, the defendant, its agents, servants and employees in charge thereof, so carelessly, negligently and unskillfully *292managed said train that it was stopped very suddenly, throwing plaintiff with great force, his head striking an iron brace on the seat on which he was lying, thereby fracturing plaintiff’s skull,” and that he was severely and permanently injured.
The…
2Cases cited9 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
- Carvin v. City of St. LouisSupreme Court of Missouri · 1899
- Wagner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hedrick v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- St. Louis & S. F. Ry. Co. v. GosnellSupreme Court of Oklahoma · 1909
- Kersting v. WhiteMissouri Court of Appeals · 1904
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- Rodgers v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
8 more not listed; retrieve them via the Exa API.