Reports of Cases Determined By the Supreme Court of the State of ..., volume 203

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Reports of Cases Determined By the Supreme Court of the State of ..., volume 203
Missouri. Supreme Court
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App. 659; Duke v. Railroad, 99 Mo. 349; Smith v. Railroad, 108 Mo: 243; Robert- son V. Railroad, 152 Mo. 382 ; Waldopf el v. Railroad, 102 Mo. App. 529; Rhodes v. City of Nevada, 47 Mo.
App. 499.
A. R. Taylor, E. E. Rudolph and P. H. Cvllen for respondent.
(1) The court did not commit error in overrul- ing the demurrer to the evidence, for the reason that plaintiff submitted substantial evidence tending to prove his case, which showed a prima-facie right of recovery, and plaintiff was entitled
...to have the probative force of his evidence deter- mined by the jury. Baird v. Railroad, 146 Mo.
265; Eichom v. Railroad, 130 Mo. 575; Graney V. Railroad, 140 Mo. 89; Butts v. Bank, 99 Mo. App.
172; Ladd v. Williams, 104 Mo. App. 390; Knapp v.
Hanley, 108 Mo. App. 353 ; Pembroke y. Railroad, 32 Mo. App. 61. (2) The question of whether or not plaintiff was guilty of contributory negligence in con- tinuing to use a sidewalk where he was compelled to go, and upon which there was an accumulation of ice and snow, when he might have stepped back on the drive- way, which at the time and place was at least equally Digitized by Google 212 SUPREME COUBT OF MISSOURI, Gibler v.


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