Murphy v. St. Louis, Iron Mountain & Southern Railroad
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court erred in overruling defendant’s demurrers to the evidence. Hionter v. Railroad, 112 N. T. 375 ; Heliff v. Railroad, 31 N. W. Rep. 183; Achtenhagen v. Oily, 18 Wis. 331; Railroad v. Hazzard, 26 111. 377; Stager v. Railroad, 12 Atl. Rep. 821 ; Dowling n. Allen, 88 Mo. 296. (2) The court erred in refusing to give the instructions asked by defendant.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) The court erred in overruling defendant’s demurrers to the evidence. Hionter v. Railroad, 112 N. T. 375 ; Heliff v. Railroad, 31 N. W. Rep. 183; Achtenhagen v. Oily, 18 Wis. 331; Railroad v. Hazzard, 26 111. 377; Stager v. Railroad, 12 Atl. Rep. 821 ; Dowling n. Allen, 88 Mo. 296. (2) The court erred in refusing to give the instructions asked by defendant. Heliff v. Railroad, supra; Dowling ». Allen, 88 Mo. 299. (3) The court erred in giving the instructions asked by plaintiff. Wilburn v. Railroad, 86 Mo. App. 210;…
1Opinion of the CourtBiggs, J.
This ¿s a case of personal injury. The plaintiff obtained a verdict and judgment for $2,000. The defendant appeals.
At the close of the testimony the defendant asked the court to instruct the jury that, under the pleadings and evidence, the plaintiff could not recover. The court declined to do so, and this adverse ruling constitutes the defendant’s first.assignment of error.
This assignment is sought to be sustained on two grounds: First. That the evidence failed to show that the alleged cause of the injury was produced by the negligence of the defendant’s servants in running the train; second,…
2Cases cited19 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- Loyd v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1873
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- Spencer v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Thrower Ex Rel. Lockhart v. HenwoodSupreme Court of Missouri · 1943
- Small v. Travelers Protective Ass'nSupreme Court of Georgia · 1903
- Heaton v. Kansas City, Pittsburg & Gulf RailroadMissouri Court of Appeals · 1896
5 more not listed; retrieve them via the Exa API.