Percell v. Metropolitan Street Railway Co.
Missouri Court of Appeals
-Appeal from Jackson Circuit Court. — Hon. Henry L. McGune, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence at the close of plaintiff’s testimony. Cagan v. Railway, 101 Mo. App. 190; Stokes v. Burns, 132 Mo. 223; Smith v. Railway, 113 Mo. 70; Hite v. Railway, 130 Mo. 141; Jackson v. Hardin, 83 Mo. 186; Powell v. Railroad, 76 Mo. 80; Redchenbach v. Ellerbee, 115 Mo. 588. (2) The court erred in giving the instructions asked by plaintiff.
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-Appeal from Jackson Circuit Court. — Hon. Henry L. McGune, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence at the close of plaintiff’s testimony. Cagan v. Railway, 101 Mo. App. 190; Stokes v. Burns, 132 Mo. 223; Smith v. Railway, 113 Mo. 70; Hite v. Railway, 130 Mo. 141; Jackson v. Hardin, 83 Mo. 186; Powell v. Railroad, 76 Mo. 80; Redchenbach v. Ellerbee, 115 Mo. 588. (2) The court erred in giving the instructions asked by plaintiff. They are misleading and erroneous, ignoring some of the vital issues raised by the pleadings, and leave the jury to grope in the…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. Plaintiff had judgment in the sum of five hundred and eighty-seven dollars and the case is here on defendant’s appeal. The injury occurred about eleven o’clock in the evening of January 21, 1904, at the intersection of Ninth and Walnut streets in Kansas City, a locality in the heart of the business district. Defendant, at the time, was operating a double-track line of street railway on each street, that on Ninth street being a cable road. The course of Ninth street is in an east and…
2Cases cited8 opinions
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Cole v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Hamilton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Budd v. HoffheimerSupreme Court of Missouri · 1873
- Goodloe v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brown v. Savannah Electric & Power Co.Court of Appeals of Georgia · 1932
- Hogan v. FlemingSupreme Court of Missouri · 1927
- Harrington v. DunhamSupreme Court of Missouri · 1918
- Swigart v. LuskMissouri Court of Appeals · 1917
- Riegel v. Loose-Wiles Biscuit Co.Missouri Court of Appeals · 1913
2 more not listed; retrieve them via the Exa API.