Laub v. Chicago, Burlington & Quincy Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon, Ohesley A. Mosman, Judge. (1) The court erred in refusing the demurrer asked at the close of plaintiff’s evidence and at the close of the entire testimony. (2) The demurrer should have been given because the fact, if it be a fact, that the plaintiff was induced to leave the train at Langdon by the erroneous announcement of the brakeman was not the proximate cause of the injury. 21 Amer. .& Eng.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon, Ohesley A. Mosman, Judge. (1) The court erred in refusing the demurrer asked at the close of plaintiff’s evidence and at the close of the entire testimony. (2) The demurrer should have been given because the fact, if it be a fact, that the plaintiff was induced to leave the train at Langdon by the erroneous announcement of the brakeman was not the proximate cause of the injury. 21 Amer. .& Eng. Enc. of Law, 485, 492, cases collated; Henry v. Railway, 76 Mo. 288. (3) Not only the overwhelming testimony, but the conceded physical facts show that the…
1Opinion of the Court
JOHNSON, J. —
Plaintiff claims that while a passenger upon one of defendant’s passenger trains he was induced to leave the train by a negligent direction given him by defendant and sustained injuries in consequence thereof. He recovered judgment in the sum of $1,500 and defendant appeals.
Defendant argues that its request for an instruction in the nature of a demurrer to the evidence should have been sustained for two reasons; First, because the evidence adduced by plaintiff disclosed no negligent act of defendant that was or could have been, the proximate cause of the injury; and second,…
2Cases cited3 opinions
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Jeffersonville, Madison, & Indianapolis Railroad v. RileyIndiana Supreme Court · 1872
- Ormond v. HayesTexas Supreme Court · 1883
3Cited by7 opinions
- Sherman v. Southern Pacific Co.Nevada Supreme Court · 1910
- Chicago, M. & St. P. Ry. Co. v. HarrelsonCourt of Appeals for the Eighth Circuit · 1926
- Frisbie v. Fidelity Casualty Co.Missouri Court of Appeals · 1908
- Wolf v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1907
- Fornoff v. Columbia Taxicab Co.Missouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.