Payne v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) There is no allegation in the petition or reply that plaintiff is not responsible, and before plaintiff is entitled to have that question passed upon it should be pleaded. Want of capacity must be pleaded. Pom. Code Rem.., sec. 711. (2) The court should have instructed a verdict for the defendant either at the close of plaintiff’s case or at the close of all of the evidence.
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Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) There is no allegation in the petition or reply that plaintiff is not responsible, and before plaintiff is entitled to have that question passed upon it should be pleaded. Want of capacity must be pleaded. Pom. Code Rem.., sec. 711. (2) The court should have instructed a verdict for the defendant either at the close of plaintiff’s case or at the close of all of the evidence. Putting the construction claimed for it by plaintiff upon his own evidence it is conclusively proven that he went upon a railroad track in front of a…
1Opinion of the Court
■Sherwood, J.
The plaintiff, who is a negro boy, sues by next friend for injuries received by him as the result of being run over by a train of defendant’s cars in the city of Higginsville, on the evening of the sixth ■of May, 1892, at about-8 o’clock.
At that date plaintiff was eleven years of age. The jury, after hearing the evidence, returned a verdict in favor of plaintiff for $8,000. At a previous trial he received a verdict for $6,000.
The city of Higginsville, in the county of Lafaj^ette, was a city of the fourth class, and had an ordinance in force limiting the speed of railroad trains…
2Cases cited32 opinions
- Artz v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
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3Cited by61 opinions
- Atlantic Coast Line Railroad v. BeazleySupreme Court of Florida · 1907
- Peters v. Southern Railway Co.Supreme Court of Alabama · 1902
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Chicago & N. W. Ry. Co. v. AndrewsCourt of Appeals for the Eighth Circuit · 1904
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
56 more not listed; retrieve them via the Exa API.