Feeney v. Wabash Railroad
Missouri Court of Appeals
Appeal from Clay Circuit Court. — Hon. Joshua W. Alexander, Judge. (1) The court committed error in refusing to give the demurrer to the evidence offered by defendant. There was no negligence proven against the defendant. 2 Thompson on Negligence, sec. 1922; Brown v. Railroad, 89 Mo. App. 192; Railroad v. Clarke, 35 Neb. 867; Railroad v. Walkenshaw (Kan.), 81 Pac. 463; Railroad v. Pike (Ind.), 74 N. E. 636; Webb v. Railway, 202 Pa. St. 511; Railroad v. Stinger, 78 Pa.
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Appeal from Clay Circuit Court. — Hon. Joshua W. Alexander, Judge. (1) The court committed error in refusing to give the demurrer to the evidence offered by defendant. There was no negligence proven against the defendant. 2 Thompson on Negligence, sec. 1922; Brown v. Railroad, 89 Mo. App. 192; Railroad v. Clarke, 35 Neb. 867; Railroad v. Walkenshaw (Kan.), 81 Pac. 463; Railroad v. Pike (Ind.), 74 N. E. 636; Webb v. Railway, 202 Pa. St. 511; Railroad v. Stinger, 78 Pa. St. 219; Parley v. Harris, 186 Pa. St. 440; Cin. Ind., etc., v. Gaines, 104 Ind. 526; Yingst v. Lebanon, 167 Pa. St. 438;…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. Plaintiff had judgment and defendant appealed.
The action Avas brought in the circuit court of Clay *424county. Defendant filed a petition and bond for removal to tHe circuit court of the United States. The cause was transferred, but, on the motion of plaintiff, was remanded to the State court on the ground that the affidavit and bond for removal were not filed in proper time.
After this, defendant filed an amended answer in the State court in which, among other defenses, it challenged the…
2Cases cited12 opinions
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Eswin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Walker v. Wabash RailroadSupreme Court of Missouri · 1906
- Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1892
- Lang v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Tracy Loan & Trust Co. v. Mutual Life Ins. Co. of New YorkUtah Supreme Court · 1932
- Lake Erie & Western Railroad v. HuffmanIndiana Supreme Court · 1912
- Harshaw v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- O'Donnell v. O'NeillMissouri Court of Appeals · 1908
- Pontius v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.