Heaton v. Kansas City, Pittsburg & Gulf Railroad
Missouri Court of Appeals
Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. The court erred in overruling defendant’s demurrer to the plaintiff’s evidence, and in refusing to give to the jury at close of all the evidence the peremptory instruction designated as number 1 of its instructions.
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Appeal from the Newton Circuit Court. — Hon. J. C. Lamson, Judge. The court erred in overruling defendant’s demurrer to the plaintiff’s evidence, and in refusing to give to the jury at close of all the evidence the peremptory instruction designated as number 1 of its instructions. The plaintiff’s testimony conclusively showed that, if there was negligence on the part of the defendant or its servants, the plaintiff was also guilty of negligence not only contributing directly to produce the injury complained of, but negligence which was the sole cause of the injury. Murphy v. Railroad, 43 Mo.…
1Opinion of the CourtBond, J.
The plaintiff sues for injuries sustained in boarding a moving train on July 2,1894, at a station called Saginaw, between Joplin and Neosho, Missouri. He alleges that the conductor negligently commanded him to “jump on,” and that relying on the judgment of the conductor, he obeyed and was thus injured. The answer is a general denial and a plea of contributory negligence. A verdict and judgment for $2,500 was rendered for plaintiff, from which defendant appeals.
The first error assigned is the refusal of the court to sustain defendant’s demurrer to the evidence. This involves a review of the…
2Cases cited6 opinions
- Cullen v. . NortonNew York Court of Appeals · 1891
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Solomon v. Manhattan Railway Co.New York Court of Appeals · 1886
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Nelson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Spencer v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Moore v. StemmonsMissouri Court of Appeals · 1906
- Small v. Travelers Protective Ass'nSupreme Court of Georgia · 1903