Wagner v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Circuit Court of Pike County. — Eon. Edgar B. Woolf oik, Judge. (1) The trial court erred in refusing defendant’s peremptory instructions offered at the close of plantiff’s evidence, and at the close.of all the evidence, for the reason that plaintiff made out no case of actionable negligence against defendant.
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Appeal from the Circuit Court of Pike County. — Eon. Edgar B. Woolf oik, Judge. (1) The trial court erred in refusing defendant’s peremptory instructions offered at the close of plantiff’s evidence, and at the close.of all the evidence, for the reason that plaintiff made out no case of actionable negligence against defendant. Reeves v. Railroad, 251 Mo. 169-176; American Brewing Ass’n v. Talbot, 141 Mo. 674; Fuchs v. St. Louis, 167 Mo. 620; Stone v. Railroad, 171 Mass. 536; Starkey v. Greenville, 189 Mo. App. 352. Baker v. Lusk, 199 Mo. App. 44; Wilt v. Coughlin, 176 Mo. App. 275. Sullivan v.…
1Opinion of the Court
Defendant appeals from a judgment against it for $4000 in a negligence case.
On June 27, 1917, and for about three months prior thereto, plaintiff was employed by defendant as a section hand at Louisiana, Missouri. On the day in question plaintiff and seven other men including a foreman, were returning to Louisiana on a hand car from a point about two miles west therefrom, where they had been at work repairing the track. The car in question was of the ordinary type, about six feet long and four feet wide, being slightly narrower than the space between the rails, and was propelled by handle…
2Cases cited10 opinions
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Graefe v. St. Louis Transit Co.Supreme Court of Missouri · 1909
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3Cited by2 opinions
- Milburn v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1932
- State Ex Rel. Chicago & Alton Railroad v. AllenSupreme Court of Missouri · 1921