Sparks v. Kansas City, Springfield & Memphis Railroad
Missouri Court of Appeals
Appeal from tlie Oregon Circuit Court, Hon. J. F, Hale, Judge. Under the evidence in this case the court below should have taken the case from the jury by giving defendant’s first instruction asked at the close of plaintiff’s case and renewed again at close of evidence. Powell v. Railroad, 76 Mo. 80 ; Yarnall v. Railroad, 75 Mo. 575 ; Brill v. Railroad, 72 Mo. 57; Railroad v. Ritchey, 102 Pa. St. 425 ; Railroad v. Senpyer, 92 Pa.
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Appeal from tlie Oregon Circuit Court, Hon. J. F, Hale, Judge. Under the evidence in this case the court below should have taken the case from the jury by giving defendant’s first instruction asked at the close of plaintiff’s case and renewed again at close of evidence. Powell v. Railroad, 76 Mo. 80 ; Yarnall v. Railroad, 75 Mo. 575 ; Brill v. Railroad, 72 Mo. 57; Railroad v. Ritchey, 102 Pa. St. 425 ; Railroad v. Senpyer, 92 Pa. St. 276; Railroad v. Holmes, 5 Col. 197. When the plaintiff in making out his case clearly establishes that the injury he complains of was as much the result of his…
1Opinion of the CourtRombauee, P. J.
This is a statutory action under the provisions of *113section 2122 of the Revised Statutes. The action is brought by the sole surviving parent to recover damage® for injuries resulting in death, caused to her minor son, an employe of the defendant, by defect in the machinery for setting a switch. The answer consists of a general denial and the plea of contributory negligence.
P lan tiff’s right to bring the action is stated in the petition as follows: “Plaintiff states that she was the mother of Harry Barton, and that his father is dead, and was dead on the eighteenth day of-November, 1885 that…
2Cases cited6 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Yarnall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Swope v. Keystone Coal & Coke Co.West Virginia Supreme Court · 1916
- Jackson v. Lincoln Mining Co.Missouri Court of Appeals · 1904
- Case v. Cordell Zinc & Lead Mining Co.Missouri Court of Appeals · 1903
- Sheets v. Mississippi River & Bonne Terre RailwayMissouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.