Hicks v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from, the Ba,rton Circuit Court. — Hon. D. P. Stratton, J uclge. (1) The court committed error in overruling defendant’s demurrer at the close of plaintiff’s evidence, and in overruling a similar demurrer after all the evidence had been introduced. We submit that the undisputed facts herein make out one of the clearest cases of contributory negligence ever reported in the books.
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Appeal from, the Ba,rton Circuit Court. — Hon. D. P. Stratton, J uclge. (1) The court committed error in overruling defendant’s demurrer at the close of plaintiff’s evidence, and in overruling a similar demurrer after all the evidence had been introduced. We submit that the undisputed facts herein make out one of the clearest cases of contributory negligence ever reported in the books. Unless the courts of this state propose to abolish the doctrine of contributory negligence, and refuse to longer recognize it as a defense, we submit that the demurrer to the evidence, after the close of the…
1Opinion of the CourtEllison, J.
Plaintiff sues for personal injury-received by falling off his wagon. He recovered below, and defendant appeals. He was a witness in his own behalf, and from his testimony (affirmative in character) we gather the facts which are necessary to dispose of this case. He was a teamster who had been engaged for eight or nine years in unloading lumber from cars. His horses were “not afraid of the cars,” one of them he had used in this business four years; the other “had *308been raised around the depot from a colt, he was seven years old ; I had worked them about four years, each one of them, around the…
Also in this document: Concurrence.
2Cited by5 opinions
- Oates v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1902
- Meyers v. O'Bear-Nestor Glass Co.Missouri Court of Appeals · 1908
- Voelker v. Hill-O'Meara Construction Co.Missouri Court of Appeals · 1910
- Reed v. Missouri, Kansas & Texas RailroadMissouri Court of Appeals · 1902
- Herbert v. Wiggins Ferry Co.Missouri Court of Appeals · 1904