Schade v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Circuit Court of Cape Girardeau County —Hon. Frank Kelly, Judge. (1) There is no positive proof of negilgence, nor is there any proof from which the jury could infer negligence on the part of the carrier. Therefore, the demurrer should, have been sustained. Hance v. Express Co., 48 Mo. App. 179; Cash v. Railroad Co., 81 Mo. App. 109; Cunningham v. Railroad Co., 167 Mo. App. 273; Smith v. Railway Co., 183 S'. W. 701; Ihhhy v. Railway Co., 137 Mlo.
Read the full summary
Appeal from the Circuit Court of Cape Girardeau County —Hon. Frank Kelly, Judge. (1) There is no positive proof of negilgence, nor is there any proof from which the jury could infer negligence on the part of the carrier. Therefore, the demurrer should, have been sustained. Hance v. Express Co., 48 Mo. App. 179; Cash v. Railroad Co., 81 Mo. App. 109; Cunningham v. Railroad Co., 167 Mo. App. 273; Smith v. Railway Co., 183 S'. W. 701; Ihhhy v. Railway Co., 137 Mlo. App. 276. (2) Plaintiff’s instructions Nos. 1 and 2 should have heen refused because there was no testimony on which- to base them.…
1Opinion of the CourtReynolds, P. J.
Action to. recover the value of a registered jack called “John Elmer.” On a trial in the circuit court plaintiff'recovered the sum of $850, and • after an unsuccessful motion for a new trial defendant duly perfected an appeal to this court. The action Vas originally against the Missouri Pacific Railway Company and the St. Louis, Iron Mountain '&> Southern Railway Company. Verdict and judgment went against the former alone, plaintiff dismissing as to the latter. The petition avers that in April, 1914, plaintiff purchased a registered jack from L. M. Monsees & Sons, farmers and stock raisers of…
2Cases cited22 opinions
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Harvey v. Terre Haute & Indianapolis RailroadSupreme Court of Missouri · 1881
- Kellerman v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1896
17 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sullivan v. American Railway Express Co.Missouri Court of Appeals · 1922