Tateman v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court.cm. W. K. James, Judge. (1) The petition does not state a cause of action and defendant’s objection to the introduction of any evidence thereunder should have been sustained. Current v. Railway, 86 Mo. 62; Crane v. Railway, 87 Mo. 588; Johnson v. Railway, 96 Mo. 340. (2) There is no evidence that the car door was defective. The only evidence is that when plaintiff attempted to open it, it fell and injured him.
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Appeal from Buchanan Circuit Court.cm. W. K. James, Judge. (1) The petition does not state a cause of action and defendant’s objection to the introduction of any evidence thereunder should have been sustained. Current v. Railway, 86 Mo. 62; Crane v. Railway, 87 Mo. 588; Johnson v. Railway, 96 Mo. 340. (2) There is no evidence that the car door was defective. The only evidence is that when plaintiff attempted to open it, it fell and injured him. Negligence can not be presumed nor inferred from the mere fact of an accident and a consequent injury. Plefka v. Knapp, 145 Mo. 316; Yarnell v.…
1Opinion of the CourtEllison, J.
Plaintiff was in the employ of a grocery company in the city of St. Joseph, which commonly received shipments of merchandise over defendant’s railway. Just before the accident complained of herein the defendant company notified the grocery, company that it had in its yards a carload of goods consigned to it. Whereupon the grocery company ordered plaintiff to go to defendants’ yards and inspect the goods. It was shown by plaintiff that this was a duty which he frequently performed and that in this instance he, as usual, applied to defendant’s agent for an order or permit for him to inspect the…
2Cases cited5 opinions
- Blanton v. DolbSupreme Court of Missouri · 1891
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Crane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Sharp v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1893
- Gallagher v. Edison Illuminating Co.Missouri Court of Appeals · 1897
3Cited by16 opinions
- Stolle v. Anheuser-Busch Inc.Supreme Court of Missouri · 1925
- Markley v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1936
- Midway National Bank & Trust Co. v. DavisSupreme Court of Missouri · 1921
- Removich v. Bambrick Bros. Construction Co.Supreme Court of Missouri · 1915
- Applegate v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1913
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