Bell v. Central Electric Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The court erred in giving instruction 2 as requested by plaintiff. This was not a proper case for the application of the rule res ipsa loquitur. Plaintiff was bound by the allegations of negligence in her petition and must recover for those or not at all.
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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The court erred in giving instruction 2 as requested by plaintiff. This was not a proper case for the application of the rule res ipsa loquitur. Plaintiff was bound by the allegations of negligence in her petition and must recover for those or not at all. Thotapson on Negligence, sec. 7637;'Thomas v. Railroad, 148 Pa. —, 15 L. R. A. 416; Keller v. Railroad, 149 Pa. 65; Barnard v. Railroad, 60 M'd. 555; Railroad v. State, Savington, 71 Md. 599; Ely v. Railroad, 77 Mo. 34; Waldhier v. Railroad, 71 Mo. 514; Edens v. Railroad, 72…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. Plaintiff recovered judgment in the sum of eight hundred dollars and defendant appealed. The injury occurred, in the afternoon of March 26, 1904. Plaintiff was a passenger on an electric car operated by defendant on one of its lines of street railway in Kansas City. The car was running- eastward on Independence avenue and as it approached Charlotte street, a regular stopping place, plaintiff gave the signal *663to stop, as she desired to alight at that point. The evidence introduced by…
2Cases cited10 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
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3Cited by4 opinions
- Fowlkes v. FlemingSupreme Court of Missouri · 1929
- Jerome v. United Railways Co.Missouri Court of Appeals · 1911
- Scott v. St. Joseph Railway, Light, Heat & Power Co.Missouri Court of Appeals · 1913
- Gabriel v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912