Morris v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — ífo». W. 8. G. Walker, Judge. (1) The court should have directed a verdict for the appellant on the' plaintiff’s own testimony. Eyan v. Kansas City, 134 S. W. 566 ; Border v..
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Appeal from Dunklin Circuit Court. — ífo». W. 8. G. Walker, Judge. (1) The court should have directed a verdict for the appellant on the' plaintiff’s own testimony. Eyan v. Kansas City, 134 S. W. 566 ; Border v.. Sedalia, 144 S. W. 161; Coffey v. Carthage, 85 S. W. 532; Wheat v. St. Louis, 78 S. W. 792; Kaizer v. St. Louis, 84 S. W. 19; Woodson v. Railroad, 123 S. W. 820; Diamond v. Kansas City, 90 S. W. 492. (2) The court erred in giving instruction number 1 for respondent because it is misleading, argumentative and submits questions not shown by the evidence. In effect it tells the jury…
1Opinion of the CourtNORTONl, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
Plaintiff received his injury through stepping into a hole in defendant’s sidewalk adjacent to its tracks at the point of a street crossing for pedestrians. Defendant owns and maintains its railroad across Fifth street, a public thoroughfare in the city of Poplar Bluff. It is said the railroad embankment is about two feet above the surface of the street at the place at which it crosses Fifth street. Fifth…
2Cases cited7 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Smith v. City of St. JosephSupreme Court of Missouri · 1870
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- Graney v. City of St. LouisSupreme Court of Missouri · 1897
- Howard v. City of New MadridMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Patton v. City of GraftonWest Virginia Supreme Court · 1935
- Burnison v. SoundersMissouri Court of Appeals · 1931
- Snyder v. K.C., Mo. Central Coal Coke Co.Missouri Court of Appeals · 1923