Burke v. St. Louis Southwestern Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit' Court. — Hon. Jesse A. McDonald, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence at the close of plaintiff’s case and in refusing a similar instruction at the close of the entire case. (2) The court erred in granting plaintiff’s first instruction.
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Appeal from St. Louis City Circuit' Court. — Hon. Jesse A. McDonald, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence at the close of plaintiff’s case and in refusing a similar instruction at the close of the entire case. (2) The court erred in granting plaintiff’s first instruction. Schepers v. Railroad, 126 Mo. 665; Schaefer v. Railroad, 128 Mo. 64; Barth v. Railroad, 142 Mo. 535; Raming v. Railroad, 157 Mo. 477; Webster v. Railroad, 24 L. R. A. 521; Dodge v. Steamship Co., 148 Mass. 209; Merrill v. Railroad, 139 Mass. 238; Com. v.…
1Opinion of the CourtGoode, J.
Appeal from a judgment for forty-five hundred dollars in an action for damages due to a personal injury. The accident happened on July 20, 1904, at a steamboat landing at Gray’s Point. Defendant is a common carrier which makes use of steamboats to transport passengers across the Mississippi river from said landing to Thebes and other points in Illinois. It seems that, in the main, the passengers are carried over on defendant’s railroad cars, which are loaded on the boats; but the evidence' shows it was the custom to receive foot passengers on the boats, too. Defendant’s railroad track runs…
2Cases cited5 opinions
- Fullerton v. FordyceSupreme Court of Missouri · 1894
- Devoy v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Wood v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Mauerman v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1890
- Hirsch v. United States Grand Lodge of the Order Brith AbrahamMissouri Court of Appeals · 1899