Bruening v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) The case does not come within the last chance or humanitarian doctrine. Kinlen v. Railroad, 216 Mo. 145; Flynn v. Railroad, 166 Mo. App. 182; Koons v. Railroad, 178 Mo. 591; Prewitt v. Eddy, 115 Mo. 283. (2) The demurrer to the evidence should have been sustained. Stokes v. Railroad, 173 Mo. App. 676; Wag-goner v. Railroad, 152 Mo.
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Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) The case does not come within the last chance or humanitarian doctrine. Kinlen v. Railroad, 216 Mo. 145; Flynn v. Railroad, 166 Mo. App. 182; Koons v. Railroad, 178 Mo. 591; Prewitt v. Eddy, 115 Mo. 283. (2) The demurrer to the evidence should have been sustained. Stokes v. Railroad, 173 Mo. App. 676; Wag-goner v. Railroad, 152 Mo. App. 173; Payne v. Railroad, 136 Mo. 562. (1) The court did not err in overruling the defendant’s demurrer to the evidence at the close of plaintiff’s evidence nor at the close of all of the…
1Opinion of the CourtJohnson, J.
An automobile of plaintiff was wrecked in a collision with an electric street car operated by defendant and this suit is for the recovery of the damages sustained by plaintiff. The collision occurred at six o’clock p. m. January 11, 1911, in Kansas City, on Main street near Twenty-eighth street. Plaintiff accompanied by his brother and a Mr. Kiger, drove the automobile north on Main street to a point near Twenty-eighth street and across the street from Saint Mary’s Hospital, where he stopped to allow Kiger to alight. The automobile was stopped on the east side of the street near the curb and…
2Cases cited8 opinions
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Strauchon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Schafstette v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Farrar v. Metropolitan Street RailwaySupreme Court of Missouri · 1913
- Latson v. St. Louis Transit Co.Supreme Court of Missouri · 1905
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3Cited by3 opinions
- Murphy v. St. Louis Public Service Co.Supreme Court of Missouri · 1951
- Argeropoulos v. Kansas City Railways Co.Court of Appeals of Kansas · 1919
- Mills v. Michigan Electric Railway Co.Michigan Supreme Court · 1927