McNamara v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. Chesley A. Mosman, Judge. (!) The court erred in refusing to instruct the jury to find for the defendant as requested by defendant. Duncan v. Railroad, 46 Mo. App. 198; Skipton y. Railroad, 82 Mo. App. 143. Also see: Cadwallader y. Railroad (Ind.), 27 N. E. 161; Smith v. Railroad (Ind.), 40 N. E. 271; Railroad v. Franz, 4 L. R. A. 389; M'ackowik.v. Railroad, — Mo. —, 94 S. W. 262; Walker y. Railroad, — Mo. —, 92 S. W. 92; Payne y.
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Appeal from Buchanan Circuit Court. — Eon. Chesley A. Mosman, Judge. (!) The court erred in refusing to instruct the jury to find for the defendant as requested by defendant. Duncan v. Railroad, 46 Mo. App. 198; Skipton y. Railroad, 82 Mo. App. 143. Also see: Cadwallader y. Railroad (Ind.), 27 N. E. 161; Smith v. Railroad (Ind.), 40 N. E. 271; Railroad v. Franz, 4 L. R. A. 389; M'ackowik.v. Railroad, — Mo. —, 94 S. W. 262; Walker y. Railroad, — Mo. —, 92 S. W. 92; Payne y. Railroad, 136 Mo. 575; Kelsay y. Railroad, 129 Mo. 374; Hook y. Railroad, 162 Mo. 569; Sanguinette y. Railroad, — Mo. —,…
1Opinion of the CourtJohnson, J.
Plaintiff, a minor, sues by next friend to recover damages for personal injuries he alleges were caused by the negligence of defendant. The jury returned a verdict in his favor in the sum of $1,999, and the cause is here on defendant’s appeal.
The injury occurred about eight o’clock in the morning of April 3, 1906, at the crossing of switch tracks, operated by defendant, and Patee street, a public thoroughfare in the city of St. Joseph. Plaintiff, at the time, was employed in driving a one-horse delivery *155wagon for a concern engaged, in the furniture business. Patee street runs east and west…
2Cases cited2 opinions
- Campbell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
- City of Sedalia ex rel. Sedalia National Bank v. GoldMissouri Court of Appeals · 1901
3Cited by12 opinions
- Ward v. NoldeSupreme Court of Missouri · 1914
- Casdorph v. HinesWest Virginia Supreme Court · 1921
- Schaub v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1908
- Farley v. Norfolk & W. Ry. Co.Court of Appeals for the Fourth Circuit · 1926
- Wack v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
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