Harding v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuiUin, Judge. (1) The court erred in directing a verdict for the plaintiff. Milliken v. Comm. Co., 202 Mo. 655'; Wolf v. Campbell, 110 Mo. 114; Gregory v. Chambers, 78 Mo, 298; Bryan v. Ware, 4 Mo. 105; Vaulx v. Campbell, 7 Mo. 224; 1 'Thompson on Trials, sec. 1037; Bank v. Hammond, 124 Mo. App. 177; Gannon v. Gas Co., 145 Mo. 519; McReynolds v. Railroad, 115 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuiUin, Judge. (1) The court erred in directing a verdict for the plaintiff. Milliken v. Comm. Co., 202 Mo. 655'; Wolf v. Campbell, 110 Mo. 114; Gregory v. Chambers, 78 Mo, 298; Bryan v. Ware, 4 Mo. 105; Vaulx v. Campbell, 7 Mo. 224; 1 'Thompson on Trials, sec. 1037; Bank v. Hammond, 124 Mo. App. 177; Gannon v. Gas Co., 145 Mo. 519; McReynolds v. Railroad, 115 Mo. App. 680. (2) Harding was not a passenger on defendant’s train, and therefore proof of a collision did not make a prima-facie case in plaintiff’s favor. Price v. Railroad,…
1Opinion of the Court
OPINION.
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BOND, J.
(after stating the facts as above).— The only question presented for review is the correctness of the instruction set out in the foregoing statement. Appellant insists that there were two issues which arose on its answer resting on matters m pais, and touching which oral testimony was adduced; that these issues should have been submitted. This contention is made on the theory that its answer denied the allegations of the petition, that plaintiff was the wife of the deceased, and that the collision was *669negligently caused. But this notion overlooks the fact that the answer of…
2Cases cited7 opinions
- Snyder v. FreeSupreme Court of Missouri · 1893
- Wolff v. CampbellSupreme Court of Missouri · 1892
- Young v. SchofieldSupreme Court of Missouri · 1896
- Long v. LongSupreme Court of Missouri · 1883
- Magoffin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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3Cited by4 opinions
- Baldwin v. HarveyMissouri Court of Appeals · 1915
- Miller v. HarveyMissouri Court of Appeals · 1918
- Foster v. WestMissouri Court of Appeals · 1916
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1914