Geltz v. St. Louis & San Francisco Railway Co.
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. Gr. McGregor, Judge.' (1) Defendant’s instruction numbered 1 in the nature of a demurrer to plaintiff’s evidence should have been given, and it was error to refuse it. State v. Metzger, 26 Mo. 65; Wright v. Railroad, 25 Mo. App. '236; Palmer v. Railroad, 21 Mo. App. 437; Backenstoe v. Railroad, 23 Mo. App. 148; Roberts v. Railroad, 19 Mo.
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Appeal from the Jasper Circuit Court. — Hon. M. Gr. McGregor, Judge.' (1) Defendant’s instruction numbered 1 in the nature of a demurrer to plaintiff’s evidence should have been given, and it was error to refuse it. State v. Metzger, 26 Mo. 65; Wright v. Railroad, 25 Mo. App. '236; Palmer v. Railroad, 21 Mo. App. 437; Backenstoe v. Railroad, 23 Mo. App. 148; Roberts v. Railroad, 19 Mo. App. 649; Mitchell v. Railroad, 82 Mo. 106; Backenstoe v. Railroad, 86 Mo. 492; King v. Railroad, 90 Mo. 520. (2) The court erred in giving the declaration of law for plaintiff of its own motion. (3) The court…
1Opinion of the Court
Smith, P. J. —
This was a suit brought before a justice of the peace of Gralena township in Jasper county, under the'provisions of the act of March 31, 1885 (Sess. Acts, 1885, p. 92), to recover damages for injuries alleged to have been sustained by reason of the plaintiff’s horses having been frightened by one of the defendant’s passing trains of cars and rup. into a trestle on its railway track.
At a trial de novo on appeal to the circuit court the plaintiff recovered judgment from which this appeal was taken here.
*581I. The complaint is here made by the appealing defendant that the circuit court…
2Cases cited4 opinions
- Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Backenstoe v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1886
- Wright v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1887
3Cited by2 opinions
- Shaw v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1905
- Severn v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910