Vancleve v. St. Louis, Memphis & Southeastern Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — How. Henry C. Riley, Judge. (1) The court erred in overruling the demurrer to the evidence at the close of plaintiff’s testimony.
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Appeal from Pemiscot Circuit Court. — How. Henry C. Riley, Judge. (1) The court erred in overruling the demurrer to the evidence at the close of plaintiff’s testimony. The .testimony of plaintiff showed that the soil in Arkansas and Missouri, along the route traversed by the train in, question, on the morning of the alleged accident, was of a black, sticky nature; that it had rained the night before and had been raining on the morning of said accident! It was not the duty of appellant to stop and clean its coach platform steps en route, in view of the circumstances. So held in case of sleet,…
1Opinion of the CourtBland, P. J.
The suit is to recover damages on account of personal injuries alleged to have been received by respondent in alighting from a passenger coach of appellant, on November 19,1902, at Caruthersville, Missouri. The petition alleges that respondent was injured by stepping on and falling from the steps of appellant’s coach; that she was caused to slip by reason of mud that was negligently permitted by appellant to be upon the steps of the coach.
The answer was a general denial with a plea of contributory negligence. Verdict and judgment for four thousand dollars were given in favor of plaintiff.
The…
2Cases cited14 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Young v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
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3Cited by3 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. RoseIndiana Court of Appeals · 1907
- Craig v. United Railways Co.Missouri Court of Appeals · 1913
- Taylor v. Missouri Pacific RailroadSupreme Court of Missouri · 1925