Rouse v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The true rule of the appellate courts is: Wherever error intervenes a presumption of prejudice arises, and, unless the record shows, beyond a doubt, that no prejudice resulted, there must be a reversal. Clark v. Fairley, 30 Mo.
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Appeal from the Jackson Circuit Court. — Hon. R. H. Field, Judge. (1) The true rule of the appellate courts is: Wherever error intervenes a presumption of prejudice arises, and, unless the record shows, beyond a doubt, that no prejudice resulted, there must be a reversal. Clark v. Fairley, 30 Mo. App. 335; Beery v. Cray, 5 Wall. 807; Smiths v. Shoemaker, 17 Wall. 630, 639; Railroad v. O'Brien, 119 U. S. 99, 103; Cilmer Ptigley, 110 U. S. 47, 50; Potter v. Railroad, 46 Iowa, 399 ; Stafford v. Oskaloosa, 57 la. 748, 750 ; Reynolds v. City of Keokuk, 34 N. W. Rep. 167; Cillett v. Corum, 5 Kan.…
1Opinion of the CourtEllison, J.
The plaintiff sued for and recovered damages in the trial court for being wrongfully ejected from defendant’s street car. The evidence tended to show that soon after getting onto the car a controversy arose between plaintiff and the conductor as to a transfer ticket. Plaintiff contended it was good for a ride *303and the conductor telling him to pay or he would put him off. Plaintiff, though protesting that it was unjust, paid his fare in money. Whereupon the conductor continued the controversy and applied to plaintiff some grossly offensive remarks, and finally, calling the “gripman” to his…
2Cases cited8 opinions
- The Amiable NancySupreme Court of the United States · 1818
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Cleghorn v. . N.Y. Cen. H. River R.R. Co.New York Court of Appeals · 1874
- Sullivan v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1885
- Perkins v. Mo., K. & T. R. R.Supreme Court of Missouri · 1874
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3Cited by8 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- State Ex Rel. Kansas City Public Service Co. v. ShainSupreme Court of Missouri · 1939
- Edward McLundie & Co. v. MountMissouri Court of Appeals · 1909
- Kroeger v. BohrerMissouri Court of Appeals · 1906
- Ickenroth v. St. Louis Transit Co.Missouri Court of Appeals · 1903
3 more not listed; retrieve them via the Exa API.