Rice v. Chicago, Burlington & Quincy Railway Co.
Missouri Court of Appeals
Appeal from Scotland Circuit Court. — Eon. Charles D. Stewart, Judge. (1) The demurrer to the evidence at the close of all the evidence should have been sustained. . Negligence cannot be presumed from the fact of an accident and resulting injury. Yarnall v. Railroad, 113 Mo, 570; Schafer v. Railroad, 128'Mo.^61; Railroad v. Mac-Kinney, 135 Pa.
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Appeal from Scotland Circuit Court. — Eon. Charles D. Stewart, Judge. (1) The demurrer to the evidence at the close of all the evidence should have been sustained. . Negligence cannot be presumed from the fact of an accident and resulting injury. Yarnall v. Railroad, 113 Mo, 570; Schafer v. Railroad, 128'Mo.^61; Railroad v. Mac-Kinney, 135 Pa. St. 162. (2) Where there is proof of a failure in any of the machinery or appliances used by defendant in transporting the complaining party, and that such failure caused the injury complained of, then negligence may be inferred, but Avhere the injury…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through the alleged negligence of defendant, a carrier of passengers. Plaintiff recovered and defendant prosecutes the appeal.
The matter for consideration presents,first, the question as to whether or not the doctrine of res ipsa loquitur obtains on the facts of the case, and, second:, as to whether the judgment for plaintiff may be sustained though it was given on a detail of negligence not pointedly alleged in the petition, although within the general scope of the cause of action alleged, which relates…
2Cases cited24 opinions
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Benedick v. PottsCourt of Appeals of Maryland · 1898
- Curtis v. . Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1859
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Mexican Central Railway Co. v. LauricellaTexas Supreme Court · 1894
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Prest-O-Lite Co. v. SkeelIndiana Supreme Court · 1914
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Hales v. RainesMissouri Court of Appeals · 1911
- Adams v. LebowMissouri Court of Appeals · 1942
- Chamlee v. Planters Hotel Co.Missouri Court of Appeals · 1911
4 more not listed; retrieve them via the Exa API.