Neier v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Horner, J. The second count of the petition is fatally defective, because, within itself it does not state any cause of action. — Bliss on Code PL, sect. 121; Olarlcv. Iron Go., 9 Mo. App. 446. The court, under the evidence, should have instructed the jury to return a verdict for the defendant, as requested by the defendant. — 0 ’Donnell v. Railroad Go., 7 Mo.
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Appeal from the St. Louis Circuit Court, Horner, J. The second count of the petition is fatally defective, because, within itself it does not state any cause of action. — Bliss on Code PL, sect. 121; Olarlcv. Iron Go., 9 Mo. App. 446. The court, under the evidence, should have instructed the jury to return a verdict for the defendant, as requested by the defendant. — 0 ’Donnell v. Railroad Go., 7 Mo. App. 190 ; Artz v. Railroad Go., 34 Iowa, 153 ; Henze v. Railroad Go., 71 Mo. 638 ; Harlan v. Railroad Go., 64 Mo. 480; Moody v. Railroad Go., 68 Mo. 472; Hurl v. Railroad Go., 72 Mo. 168; Rellv.…
1Opinion of the CourtBakewell, J.
This was an action by husband and wife for injuries to the wife by being thrown out of a milk-wagon, in consequence of a collision with one of the locomotives of defendant on defendant’s track in St. Louis. There was a verdict and judgment for plaintiffs.
There was evidence tending to show that Neier was a dairyman, and that his wife was delivering milk to cus*28tornera on the morning of the accident. In making her rounds, she entered Poplar Street from Third Street about six o’clock on a morning in August. She asked about the train, and was told by the flagman that it would be round the curve…
2Cases cited3 opinions
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
- Atlantic & Pacific R. R. v. City of St. LouisSupreme Court of Missouri · 1877
- Atlantic & Pacific Railroad v. City of St. LouisMissouri Court of Appeals · 1877
3Cited by4 opinions
- Yancey v. Southern Wholesale Lumber Co.Supreme Court of South Carolina · 1924
- Merz v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1883
- Cadmus v. St. Louis Bridge & Tunnel Co.Missouri Court of Appeals · 1884
- Citizens' Electric Light & Power Co. v. SandsMichigan Supreme Court · 1893