Adams v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Gass Circuit Court.—Hon. N. M. Gtvan, Judge. (1) The court should have sustained the demurrer to the evidence and directed a verdict for the defendant on the ground that the injury which plaintiff suffered was not proximate to the wrong attributable to the defendant in directing the plaintiff to leave the car at the point he did. Searle v. Railroad, 65 Texas, 274; Lewis n.
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Appeal from Gass Circuit Court.—Hon. N. M. Gtvan, Judge. (1) The court should have sustained the demurrer to the evidence and directed a verdict for the defendant on the ground that the injury which plaintiff suffered was not proximate to the wrong attributable to the defendant in directing the plaintiff to leave the car at the point he did. Searle v. Railroad, 65 Texas, 274; Lewis n. Railroad, 54 Mich. 55; Proctor v. Jannings, 6 Nevada, 424; Doggett v. Railroad, 78 N. O. 305; Wood v. Railroad, 49 Mich. 370; Pierson v. Duane, 4 Wall. 605; Francis ». Transfer Co., 5 Mo. App. 7; Eistner v. City…
1Opinion of the CourtBrace, J.
This is an action for personal injuries in which the plaintiff recovered judgment in the circuit court for ten thousand dollars’ damages from which the defendant appeals.
At the time of the injury the defendant was carrying passengers on all its freight trains. The plaintiff by profession a minister of the gospel, aged about sixty-seven years, in good health, earning about seven hundred dollars per annum in his profession, took passage on one of defendant’s freight trains at Archie, a station, for Harrisonville, another station on defendant’s road, paying the usual fare to the conductor, and…
Also in this document: Concurrence.
2Cases cited1 opinion
- Miller v. St. Louis, Iron Mountain Southern Railway Co.Supreme Court of Missouri · 1886
3Cited by11 opinions
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
- Birmingham Railway Light & Power Co. v. SeabornSupreme Court of Alabama · 1910
- St. Louis S. F. R. Co. v. DavisSupreme Court of Oklahoma · 1913
- Hurst v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1920
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1902
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