MacDonald v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Robert M. Foster, Judge. (1) The court erred in overruling appellant’s demurrer to plaintiff’s evidence, and in refusing its peremptory instruction asked at the close of a-11 the evidence. Young v. Railway, 93 Mo. App. 267; Bascom v. Railroad, 102 Mo. App. 430, 76 S. W. 697; Lynch v. St. Louis Transit Co., 102 Mo. App. 630, 77 S. W. 100; Haley v. St. Louis Transit Co., 179 Mo. 30, 77 S. W. 731; Wells v. Steinway, 18 App. Div.
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Appeal from St. Louis City Circuit Court. — Eon. Robert M. Foster, Judge. (1) The court erred in overruling appellant’s demurrer to plaintiff’s evidence, and in refusing its peremptory instruction asked at the close of a-11 the evidence. Young v. Railway, 93 Mo. App. 267; Bascom v. Railroad, 102 Mo. App. 430, 76 S. W. 697; Lynch v. St. Louis Transit Co., 102 Mo. App. 630, 77 S. W. 100; Haley v. St. Louis Transit Co., 179 Mo. 30, 77 S. W. 731; Wells v. Steinway, 18 App. Div. (N. Y.) 180, 45 N. Y. Sup.'864; Conway v. Railroad, 90 Maine 199; 38 Atl. 110; Chattanooga Electric Railway v. Boddy…
1Opinion of the CourtGoode, J.
(after stating the facts). — The error assigned on account of the overruling of the demurrer of the Union Light & Power Company to the petition, as containing a misjoinder of causes of action, would demand serious attention if the ruling was reviewable. The acts of negligence charged against the several appellants were entirely distinct and each charge affected only one appellant, thereby raising a separate issue and demanding independent proof. Without passing on this assignment, which is not properly before us, we will cite some decisions which shed light on it. Trowbridge v. Forepaugh, 14…
2Cases cited6 opinions
- Deming v. . Terminal Railway of BuffaloNew York Court of Appeals · 1901
- Trowbrigde v. ForepaughSupreme Court of Minnesota · 1869
- Wolf v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Kelly v. NewmanNew York Court of Common Pleas · 1881
- West Chicago Street Ry. Co. v. CahillAppellate Court of Illinois · 1896
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3Cited by10 opinions
- Balcom v. City of IndependenceSupreme Court of Iowa · 1916
- Caley v. Kansas City, Missouri & Kansas City Public Service Co.Missouri Court of Appeals · 1932
- Spangler v. Saginaw Valley Traction Co.Michigan Supreme Court · 1908
- Johnston v. Kansas CityMissouri Court of Appeals · 1922
- Morris v. Omaha & Council Bluffs Street Railway Co.Supreme Court of Iowa · 1922
5 more not listed; retrieve them via the Exa API.