Gabal v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Mon. James 3. Slover, Judge. (1) Under the pleadings and evidence in this case the judgment should be for defendant. The court should have so instructed, the jury.
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Appeal from Jackson Circuit Court. — Mon. James 3. Slover, Judge. (1) Under the pleadings and evidence in this case the judgment should be for defendant. The court should have so instructed, the jury. Degonia v. Railroad, 224 Mo. 564; Vandyke v. Railroad, 230 Mo. 259; Sissel v. Railroad, 214 Mo. 515; Evans v. Railroad, 178 Mo. 517; Cahill v. Railroad, 205 Mo. 393; Brockschmidt v. Railroad, 205 Mo. 435;' Sharp v. Railroad, 161 Mo. 214; Moore v. Railroad, 166 Mo. 513; Davies v. Railroad, 159 Mo. 1; ITitz v. Railroad, 152 Mo. App. 687; Clancy v. Railroad, 192 Mo. 615; King v. Railroad, 211 Mo.…
1Opinion of the CourtGraves, J.
Action for personal injuries. Verdict and judgment for plaintiff in the sum of $8500, from which judgment the defendant has appealed.
Plaintiff’s petition is in two counts. The first pleads divers specific acts of negligence upon the part of the defendant, but inasmuch as the plaintiff by his instructions nisi abandoned this count of his petition further note thereof becomes unnecessary. The second *262count of the petition proceeds upon the humanitarian doctrine. This count alleges that.the place of accident was at a place continuously used by pedestrians, and pleads facts attempting to place the…
2Cases cited4 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- Cahill v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
3Cited by12 opinions
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
- Martin v. Wabash Railway Co.Supreme Court of Missouri · 1930
- State ex rel. Lusk v. EllisonSupreme Court of Missouri · 1917
- Crecelius v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1920
- Witham v. DelanoMissouri Court of Appeals · 1914
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