Reames v. Jones Dry Goods Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court . — Eon, W. B. Tectsdale, Judge. (1) No evidence was introduced tending to show that defendant was guilty of negligence. Torpey v. Railway, 64, Mo. App. 387; Stokes v. Burnes, 132 Mo. 214. (2) The court erred in giving instruction number 1, asked for by plaintiff.
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Appeal from Jackson Circuit Court . — Eon, W. B. Tectsdale, Judge. (1) No evidence was introduced tending to show that defendant was guilty of negligence. Torpey v. Railway, 64, Mo. App. 387; Stokes v. Burnes, 132 Mo. 214. (2) The court erred in giving instruction number 1, asked for by plaintiff. Short Line v. Tracy, - 66 Fed. 931; Mays v. Railroad, 63 la. 562 (14 N. W. 340); Hulehan v. Railroad, 68 Wis. 520 (32 N. W. 529); Railroad v. Orr, 84 Ind. 50. (3) Plaintiff assumed whatever risk there was by voluntarily remaining outside of the store. Railway v. Ray, 70 Ga. 674; East Line v. Scott,…
1Opinion of the Court
Minority Opinion.
SMITH, P. J.
Action to recover damages for personal injuries resulting from tbe negligence of tbe defendant. At tbe conclusion of all tbe evidence in tbe case tbe defendant requested an instruction in tbe nature of a demurrer, which was by the court refused. There was a submission of the case under instructions to the jury whose verdict was for plaintiff, and thereupon judgment was accordingly given, and defendant appealed.
The evidence for plaintiff tended to prove about these facts, viz.: The defendant, an incorporated mercantile company, was engaged in carrying on a large…
2Cases cited25 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
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3Cited by3 opinions
- Blaine Construction Corporation, Plaintiff-Appellant/cross-Appellee v. Insurance Company of North America, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1999
- Blaine Construction Corporation, Plaintiff-Appellant/cross-Appellee v. Insurance Company of North America, Defendant-Appellee/cross-AppellantCourt of Appeals for the Sixth Circuit · 1999
- Green v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1906