Cook v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cooper Circuit Court, Hon. E. L. Edwards, Judge. The material facts are stated in the opinion of the court. I. The demurrer to plaintiff’s case admitted defendant’s negligence, but this alone does not necessarily entitle him to recover. When plaintiff’s own evidence discloses the facts as to his contributory negligence, as in this case, it is immaterial what the allegations of the answer are. II.
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Appeal from Cooper Circuit Court, Hon. E. L. Edwards, Judge. The material facts are stated in the opinion of the court. I. The demurrer to plaintiff’s case admitted defendant’s negligence, but this alone does not necessarily entitle him to recover. When plaintiff’s own evidence discloses the facts as to his contributory negligence, as in this case, it is immaterial what the allegations of the answer are. II. There was error in plaintiff’s instruction as to the measure of damages. It was necessary to be mófe specific to entitle plaintiff to recover for any mental anguish, and show that it…
1Opinion of the CourtPhilips, P. J.
This is an action to recover damages-for personal injury. The controlling and material facts, as disclosed at the trial, are substantially as follows: The plaintiff, a minor about eleven years old, was sent by his employer with a wagon drawn by two mules to a field after corn. To reach the field plaintiff had to cross defendant’s railroad track. This crossing was a public-highway. At the point of intersection both the railroad and the highway pass through a deep cut almost at right angles to each other. The evidence showed that plaintiff ’ s employer cautioned him on setting out, to look out…
2Cases cited6 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- W.T. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
- Johnson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
- Moberly v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1885
- Randolph ex rel. Adkins v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Sigel v. Portland Ry. L. & P. Co.Oregon Supreme Court · 1913
- Tuck v. Springfield Traction Co.Missouri Court of Appeals · 1910
- Fell v. Rich Hill Coal Mining Co.Missouri Court of Appeals · 1886
- Breen v. St. Louis Transit Co.Missouri Court of Appeals · 1903
3 more not listed; retrieve them via the Exa API.