Thompson v. North Missouri Rail Road
Supreme Court of Missouri
Appeal from Randolph County Circuit Court. It is not necessary to allege that the plaintiff had taken d/ue care, that is matter of defense. Shearm. & Redf. on Negligence, 46, §44 and note 2; 2 Chitty Pleadings, 647, et seq., for forms of Declaration. The burden of proof is on the complainant to prove, that he himself was in the use of ordinary care and without fault at the time, directly contributing to the injury complained of. "Warner vs. N. Y. Cent.
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Appeal from Randolph County Circuit Court. It is not necessary to allege that the plaintiff had taken d/ue care, that is matter of defense. Shearm. & Redf. on Negligence, 46, §44 and note 2; 2 Chitty Pleadings, 647, et seq., for forms of Declaration. The burden of proof is on the complainant to prove, that he himself was in the use of ordinary care and without fault at the time, directly contributing to the injury complained of. "Warner vs. N. Y. Cent. R. R. Co., 44 N. Y., 470; Curran vs. "Warren Co., 36 N. Y.,155 ; Spencer vs. U. & S. R. R., 5 Barb. N. Y., 338; Wilds vs. H.R. R. R. R., 24 N.…
1Opinion of the CourtWagner, Judge
In substance, plaintiff alleged in his petition that he was a passenger on the defendant’s road, and that in getting off of *192tbe cars, through the carelessness and negligence of the defendant and its agents, he was injured, for which he asks damages. The Circuit Court sustained a demurrer to the petition, because there was no averment that the plaintiff at the time was exercising due care and was himself without negligence contributing to the injury. The sole question is whether it was necessary to make this allegation, or whether it was matter which properly devolved on the defendant to set…
2Cited by24 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Sheff v. City of HuntingtonWest Virginia Supreme Court · 1880
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
- Huckshold v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
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