Thomure v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
• Appeal from Jefferson Circuit Court. — Hon. E. M. D earing, Judge. (1) The court erred in overruling the demurrer to the evidence at the close of plaintiff’s case, and in refusing the peremptory instruction requested hy defendant at the close of the whole case. The petition charged specific acts of negligence, and plaintiff therefore cannot invoke the doctrine res ipsa loquitur. Mc-Grath v. Trans. Co., 197 Mo. 105; Orcutt v. Bldg.
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• Appeal from Jefferson Circuit Court. — Hon. E. M. D earing, Judge. (1) The court erred in overruling the demurrer to the evidence at the close of plaintiff’s case, and in refusing the peremptory instruction requested hy defendant at the close of the whole case. The petition charged specific acts of negligence, and plaintiff therefore cannot invoke the doctrine res ipsa loquitur. Mc-Grath v. Trans. Co., 197 Mo. 105; Orcutt v. Bldg. Co., 201 Mo. 442, 444; Roscoe v. Railroad, 202 Mo. 576; Beave v. Trans. Co., 212 Mo. 331; Evans v. Railroad, 222 Mo. 435; Hamilton v. Railroad, 114 Mo. App. 508;…
1Opinion of the CourtReynolds, P. J.
Respondent here, plaintiff below, on the morning of February 26, 1913, boarded a train of the defendant at St. Mary’s, intending to go to Horine, a station on the line of the road of the defendant, paying her fare and obtaining a ticket, which the conductor of the train took- up during the course of the journey. She seated herself in one of the passenger coaches of the train, about the third seat from the front end of the coach. When the train approached Horine station, the porter called out the name of the station as the next stop, and when the train stopped, the porter again called the…
2Cases cited8 opinions
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Hurt v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Young v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1902
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Erwin v. Kansas City, Fort Scott & Memphis Railway Co.Missouri Court of Appeals · 1902
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3Cited by1 opinion
- Patriotic Ins. Co. of America v. FranciscusCourt of Appeals for the Eighth Circuit · 1932