Corcoran v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. LoUis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The demurrer at the close of plaintiff’s evidence should have been sustained because of the absence of causal connection between the acts of negligence charged in the petition or proved, and the injuries alleged to have been sustained by plaintiff. Wyatt v. Railroad, 6 Best & Smith, 709; Wharton on Negligence, secs. 134, 138 and 200; Railroad v. Fich, 34 Am. & Eng.
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Appeal from St. LoUis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The demurrer at the close of plaintiff’s evidence should have been sustained because of the absence of causal connection between the acts of negligence charged in the petition or proved, and the injuries alleged to have been sustained by plaintiff. Wyatt v. Railroad, 6 Best & Smith, 709; Wharton on Negligence, secs. 134, 138 and 200; Railroad v. Fich, 34 Am. & Eng. R. R. Cases, 549; Ciarle v. Railroad, 39 Mo. 619; Henry n. Railroad, 76 Mo. 293; Brown v. Railroad, 20 Mo. App. 222; Stills on v. Railroad, 67 Mo. 671;…
1Opinion of the CourtMacfarlane, J.
The action is for damages for personal injuries caused, as is alleged, by the negligence of defendant. Plaintiff had judgment in the circuit court of St. Louis City for $7,500, and defendant appealed.
*402At the close of plaintiff’s evidence, defendant asked the court to instruct the jury that, upon the pleadings and evidence in the case, the verdict should be for defendant; this the court refused to do. The proper determination of the case depends upon the propriety of the court’s ruling in refusing this instruction.
It becomes necessary, therefore, to set out, somewhat at length, the pleadings…
2Cases cited7 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Memphis & Charleston Railroad v. CopelandSupreme Court of Alabama · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Studer v. Southern Pacific Co.California Supreme Court · 1898
- Ruiz v. Southern Pacific Transportation Co.New Mexico Court of Appeals · 1981
- Oates v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1902
- Gesas v. Oregon Short Line R.Utah Supreme Court · 1907
14 more not listed; retrieve them via the Exa API.