Butts v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — Hon. John L. Thomas, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action. State ex ret. v. Carroll, 63 Mo. 156 ; Field v. Railroad, 76 Mo. 614 ; Price v. Railroad, 72 Mo. 414. (1) The petition states a cause of action. (2) The court did right in overruling defendant’s demurrer to plaintiff’s testimony.
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Appeal from Jefferson Circuit Court. — Hon. John L. Thomas, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action. State ex ret. v. Carroll, 63 Mo. 156 ; Field v. Railroad, 76 Mo. 614 ; Price v. Railroad, 72 Mo. 414. (1) The petition states a cause of action. (2) The court did right in overruling defendant’s demurrer to plaintiff’s testimony. O’ Connor v. Railroad, 94 Mo. 150; Buesehi-ng v. Gas Light Go., 73 Mo. 219 ; Step v. Railroad,, 85 Mo. 229 ; Petty «. Railroad, 88 Mo. 320; Zimmerman v. Railroad, 71 Mo. 476; Shearman & Redf. on Neg. (3 Ed.) sec. 31;…
1Opinion of the CourtRay, C. J.
— This is an action to recover five thousand dollars damages for the death of plaintiff’s wife, which was caused by one of defendant’s trains, whilst passing through the town of DeSoto, Missouri, and at a public crossing over the railroad tracks in said town.
Defendant has appealed from the verdict and judgment, for said sum, in favor of plaintiff. The answer contained, first, a general denial; second, contributory negligence, on part of the deceased ; the replication was a general denial to new matter.
Defendant offered no evidence in its own behalf, but at the close of the evidence for…
2Cases cited1 opinion
- Yancey v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
3Cited by16 opinions
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1892
- Lang v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- Fechley v. Springfield Traction Co.Missouri Court of Appeals · 1906
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