Barry v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Linn Circuit Court. — Hon. Gr. D. Buegkess, Judge. (1) The demurrer to tbe case made by the plaintiff ’s evidence should have been sustained, and the first of-defendant’s refused instructions should have been given, (a) Because there was not a scintilla of evidence tending to show negligence in the particular specified in the petition.
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Appeal from, Linn Circuit Court. — Hon. Gr. D. Buegkess, Judge. (1) The demurrer to tbe case made by the plaintiff ’s evidence should have been sustained, and the first of-defendant’s refused instructions should have been given, (a) Because there was not a scintilla of evidence tending to show negligence in the particular specified in the petition. Railroad v. Jones, 95 U. S. 439 ; Kilteringham v. Railroad, 62 la. 285 ; JDungan v. Qharwplain Co., 56 N. Y. 1; Odell v. Solomon, 29 JST. Y. 685. (5) So far as the trial of the issues in this case are concerned, Barry was, and must be regarded as a…
1Opinion of the CourtBlack, J.
— The widow of Timothy Barry brought this suit to recover damages for the death of her husband. From the evidence, it appears that defendant’s road at Stewartsville runs in an east and west direction. Barry, who was an engineer in the employ of the defendant, pulled his train of twenty-two freight cars in at the west switch between sun-down and dark *67to clear the main track for a west-bound passenger train then due. The head brakeman went forward to couple some loose cars standing on the side-track that they could be moved forward out of the way. When Barry stopped his train he supposed it was…
2Cited by47 opinions
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Rutledge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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