Brock v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal-from St. Louis Circuit Court. — Row. J. W. Mc- ' Elhinney, Judge. The court ought to have sustained defendant’s demurrer to plaintiff’s evidence, or ought to have sustained it at the close of the whole case. Plaintiff knew when he hoarded the rear platform of the car that it was the end of its run and that it would carry-no more passengers. When he hoarded the car he knowingly and voluntarily assumed the risk of the car starting without regard to his presence.
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Appeal-from St. Louis Circuit Court. — Row. J. W. Mc- ' Elhinney, Judge. The court ought to have sustained defendant’s demurrer to plaintiff’s evidence, or ought to have sustained it at the close of the whole case. Plaintiff knew when he hoarded the rear platform of the car that it was the end of its run and that it would carry-no more passengers. When he hoarded the car he knowingly and voluntarily assumed the risk of the car starting without regard to his presence. White v. Railroad, 84 Mo. App. 411; Neville v. Railroad, 158 Mo. 293; Padgett v. Moll, 159 Mo. 143; Carroll v. Transit Co., 107…
1Opinion of the CourtBland, P. J.
(after stating the facts.) — 1. At the close of plaintiff’s evidence defendant offered a demurrer to the evidence which the court denied. Plain*116tiff then introduced evidence in support of its defense, and again at the- close of all the evidence moved for an instruction of nonsuit. The refusal of the court to grant either of these requests is assigned as error. By offering evidence in its own behalf after its demurrer to plaintiff’s evidence has been overruled, defendant waived its demurrer, Mirrielees v. Railway, 163 Mo. 486, and cases cited. Its demurrer to the whole of the evidence, however,…
2Cases cited13 opinions
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Gordon v. CummingsMassachusetts Supreme Judicial Court · 1890
- Bunnell v. . SternNew York Court of Appeals · 1890
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
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3Cited by3 opinions
- Lowenstein v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1908
- Martin v. DaleSupreme Court of Arkansas · 1929
- Woods v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1915