Klene v. St. Louis-San Francisco Ry. Co.
Decision Date | 06 October 1928 |
Docket Number | 26437 |
Citation | 9 S.W.2d 950,321 Mo. 162 |
Parties | Mary B. Klene, Appellant, v. St. Louis-San Francisco Railway Company |
Court | Missouri Supreme Court |
Motion for Rehearing Overruled. October 6, 1928.
Appeal from Pemiscot Circuit Court; Hon. Henry C. Riley Judge.
Dismissed.
Shepard & Hawkins for appellant.
E T. Miller and Ward & Reeves for respondent.
Henwood C. Higbee and Davis, CC., concur.
This is a statutory action for damages in the sum of $ 10,000, filed in the Circuit Court of Pemiscot County, in which Mary B. Klene, as plaintiff, alleges the negligence of the defendant as the cause of her husband's death. The trial resulted in a verdict and judgment for the defendant, and the plaintiff appealed.
The plaintiff pleaded, and therefore submitted, her case under the humanitarian doctrine alone. The defendant stood on its demurrer, which was offered and overruled at the close of the plaintiff's evidence. The record shows that, on the same day plaintiff's motion for a new trial was presented and overruled, she applied for and was granted an appeal to this court, and also filed her bill of exceptions. The bill of exceptions so filed does not contain a transcript of the evidence, but, in lieu thereof, the following statement: "The plaintiff introduced evidence tending to support the allegation of her petition." Necessarily, appellant's abstract of the record and the briefs on both sides are limited to the ultimate facts stated in the petition, and are silent as to any particular fact or facts developed at the trial. For the want of any other statement of the case, we quote the petition in full, as follows:
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... ... dismiss the appeal. [Williams v. Campbell (Mo.), 123 ... S.W.2d 87; Klene v. St. Louis-S. F. Ry. Co., 321 Mo ... 162, 9 S.W.2d 950; Boyd v. Spickard, 234 Mo.App ... 434, ... ...