Meily v. St. Louis & San Franoisco Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Defendant’s-demurrer to the evidence should have been sustained at the close of plaintiff’s case, and at the close of the whole ease, (a) There is no evidence tending to show that defendant was negligent with reference to the number of men furnished to do this work.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) Defendant’s-demurrer to the evidence should have been sustained at the close of plaintiff’s case, and at the close of the whole ease, (a) There is no evidence tending to show that defendant was negligent with reference to the number of men furnished to do this work. Jackson v. Railroad, 104 Mo. 457. Neither plaintiff nor any of his witnesses testified that the loading of the wheels with two men on the car and two pushing the wheels was unusual or a departure from the usual and ordinary custom. They simply said that in their…
1Opinion of the CourtWoodson, J.
This suit was begun in the circuit court of Jackson county by the plaintiff against the defendant to recover the sum of $20,000 damages for personal injuries sustained by him through the alleged negligence of the defendant. There were two trials had in the circuit court — the first resulted in a verdict and judgment for plaintiff for $4,000', and upon appeal to the Kansas City Court of Appeals the judgment was reversed and the cause remanded for a new trial. The second trial resulted in a verdict in plaintiff’s favor for the sum of $8,000. At the suggestion of the trial court a remittitur of…
2Cases cited10 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- State v. DusenberrySupreme Court of Missouri · 1892
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
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3Cited by48 opinions
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- O'Donnell v. Baltimore & Ohio RailroadSupreme Court of Missouri · 1930
- Heigold v. United Railways CompanySupreme Court of Missouri · 1925
- Burgess v. Garvin Price Merc. Co.Missouri Court of Appeals · 1925
43 more not listed; retrieve them via the Exa API.