Potter v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Eon. Henry 0. Riley, Judge. (1) Under the uncontradicted evidence of both the plaintiff and the defendant the plaintiff was not entitled to recover, and the court should have given defendant’s instructions so declaring. Zimmermann v. Railroad, 71 Mo. 476; Purl v. Railroad, 72 Mo. 168; M'aloy v. Railroad, 84 Mo. 270; Carrier v. Railroad, 175 Mo. 470; Aldrich v. Transit Co., 101 Mo. App. 77; Shanks v. Railroad, 101 Mo.
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Appeal from Pemiscot Circuit Court. — Eon. Henry 0. Riley, Judge. (1) Under the uncontradicted evidence of both the plaintiff and the defendant the plaintiff was not entitled to recover, and the court should have given defendant’s instructions so declaring. Zimmermann v. Railroad, 71 Mo. 476; Purl v. Railroad, 72 Mo. 168; M'aloy v. Railroad, 84 Mo. 270; Carrier v. Railroad, 175 Mo. 470; Aldrich v. Transit Co., 101 Mo. App. 77; Shanks v. Railroad, 101 Mo. App. 702; Jackson v. Railroad, 157 Mo. 645; Carr v. Railroad, 195 Mo. 214. (2) The defendant’s employees had a right to presume that the…
1Opinion of the CourtReynolds, P. J.
(after stating the facts).— The principal errors relied upon for a reversal of the case, in the very earnest argument which was made before the court by one of the able counsel for the defendant, and which have been elaborately briefed, are the refusal of the court to direct a verdict in favor of the defendant at the conclusion of the case, and to giving the defendant’s fourth instruction after, having given the first and second instructions at the instance of plaintiff, it being claimed that the first and second instructions ■ given at the instance of plaintiff are in confiict with the…
2Cases cited10 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
- Phelps v. City of SalisburySupreme Court of Missouri · 1901
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3Cited by4 opinions
- Childress v. Southwest Missouri RailroadMissouri Court of Appeals · 1910
- Ballman Ex Rel. Ballman v. H. A. Lueking Teaming Co.Supreme Court of Missouri · 1920
- Moyes v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1911
- Moyes v. St. Louis, Iron Mountain & Southern RailroadMissouri Court of Appeals · 1911