Rattan v. Central Electric Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John G. Parle, Judge. (1) The court should have given appellant’s instruction in the nature of a demurrer to the evidence at the close of plaintiff’s case and at the close of all the evidence in the case, (a) Respondent’s theory of the accident is contradicted by the physical facts of the case. Spiro v. Transit Co., 102 Mo.
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Appeal from Jackson Circuit Court. — Hon. John G. Parle, Judge. (1) The court should have given appellant’s instruction in the nature of a demurrer to the evidence at the close of plaintiff’s case and at the close of all the evidence in the case, (a) Respondent’s theory of the accident is contradicted by the physical facts of the case. Spiro v. Transit Co., 102 Mo. App. 250; Spohn v. Railroad, 87 Mo. 74; State v. Fannon, 158 Mo. 149; Payne v. Railroad, 136 Mo. 562; Hook v. Railroad, 162 Mo.' 569; Nugent v. Milling Co., 131 Mo. 241; Kelsay v. Railroad, 129 Mo. 362; Oglesby v. Railroad, 177 Mo.…
1Opinion of the CourtBroaddus, P. J.
Suit for damages for personal injury. Por convenience we adopt the statement of plaintiff setting out in substance her cause of action, viz.: “The petition . . . recites that on the 16th day of December, 1903, the plaintiff was a passenger on one of defendant’s southbound cars on Grand avenue in Kansas City, and that while in the act of alighting therefrom at Twelfth street and Grand avenue, and while the car was stopped for the purpose of permitting her to *274do so, and while in the exercise of ordinary care and caution on her part, she caught the heel of her left shoe upon a sharp and jagged…
2Cases cited11 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Hook v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Magrane v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Stolle v. Anheuser-Busch Inc.Supreme Court of Missouri · 1925
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Smith v. WellsSupreme Court of Missouri · 1930
- Thompson v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1912
- DeMaet v. Fidelity Storage, Packing & Moving Co.Supreme Court of Missouri · 1910
7 more not listed; retrieve them via the Exa API.