Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from, Washington Circuit Court. — IIon. John L. Thomas, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action. Whitehead v. Railroad, 22 Mo. App. 60; Snyder v. Railroad, 60 Mo. 413; Baton v. Railroad, 57 N. Y. 382; s. o., note of Red field, J., 13 .Am. L. Reg. 665, 672. (2) The court erred in the instruction given to the jury on its own motion.
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Appeal from, Washington Circuit Court. — IIon. John L. Thomas, Judge. (1) The petition fails to state facts sufficient to constitute a cause of action. Whitehead v. Railroad, 22 Mo. App. 60; Snyder v. Railroad, 60 Mo. 413; Baton v. Railroad, 57 N. Y. 382; s. o., note of Red field, J., 13 .Am. L. Reg. 665, 672. (2) The court erred in the instruction given to the jury on its own motion. Railroad v. Bartram, 10 Ohio St. 459; Brans v. Railroad, 56 Ala. 246; Railroad v. Nuzenn, 50 Ind. 141; Railroad r. Applewhite, 50 Ind. 540; Cheney v. Railroad, 11 Md. 121; Railroad'd. Proctor, 1 Allen, 267;…
1Opinion of the CourtBlack, J.
Plaintiff, by his guardian, brought this suit to recover damages for injuries, and recovered a judgment for five thousand dollars from which defendant appealed.
As objections are made to the petition itself, the sufficiency of the evidence to support the verdict, and to the giving and refusing to give instructions, it is necessary to deal somewhat in the details of the case. The petition states that plaintiff entered a caboose car attached to one of defendant’s freight trains, in which *266it carried passengers; that the defendant’s agents permitted plaintiff to enter the car as a passenger; and…
2Cases cited8 opinions
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Muehlhausen v. St. Louis RailroadSupreme Court of Missouri · 1886
- Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Pointer v. Mountain Railway Construction Co.Supreme Court of Missouri · 1916
- Guffey v. Hannibal & St. Joseph RailroadMissouri Court of Appeals · 1893
- Padgitt v. MollSupreme Court of Missouri · 1900
- St. Louis & S. F. Ry. Co. v. GosnellSupreme Court of Oklahoma · 1909
27 more not listed; retrieve them via the Exa API.