Frye v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Wayne Circuit Court. — Bo». Frank R. Bearing, Judge. Upon the uncontradicted evidence plaintiff was not entitled to recover, and defendant’s instruction so declaring should have been given.
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Appeal from Wayne Circuit Court. — Bo». Frank R. Bearing, Judge. Upon the uncontradicted evidence plaintiff was not entitled to recover, and defendant’s instruction so declaring should have been given. Sinclair v. Bail-road, 133 Mo. 233; Bine v. Bailroad, 88 Mo. 392; Carr v. Bailroad, 92 S. W. 877; Barker v. Bailroad, 98 Mo. 50; Carrier v. Bailroad, 175 Mo. 470; -Hyde v. Bail-road, 110 Mo. 272; Jackson v. Bailroad, 157 Mo. 621; Kries v. Bailroad, 148 Mo. 330. (1) The trial court did not commit error in refusing to give the two instructions asked by appellant in the nature of demurrers to the…
1Opinion of the CourtLamm, J.
George H. Frye sued defendant railway company in the circuit court of Wayne county for $20,000 damages for personal injuries. A jury awarded him $5,000, and, from a judgment entered on that verdict, defendant appeals.
At the close of plaintiff’s evidence in chief, and again at the end of the case, defendant demurred, and its demurrer in each instance being disallowed, it saved exceptions.
As defendant did not stand on its demurrer at the close of plaintiff’s case, but produced its own evidence, it must be held to have waived the first demurrer, and the open question on this behalf is on the…
2Cases cited15 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
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3Cited by56 opinions
- Mayfield v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1935
- Ahnefeld v. Wabash RailroadSupreme Court of Missouri · 1908
- Missouri, Kansas & Texas Railway Co. v. MaloneTexas Supreme Court · 1909
- Green v. Terminal RailroadSupreme Court of Missouri · 1908
- Simpson v. WellsSupreme Court of Missouri · 1922
51 more not listed; retrieve them via the Exa API.