Shelton v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hem. Thos. J. Seehom, Judge. (1) The court erred in the admission of testimony offered by plaintiff. (2) The court erred in not granting the peremptory instruction asked by defendant at the close of plaintiff’s case and at the close of the entire ease. Mason v. Railroad, 27 Kan. 83; Railroad v. Schmidt, 67 Kan. 8; Mcllhoney v. Railroad, 120 N. C. 557; Beck v. Railroad, 25 Oregon, 32; Zirkle v. Railroad, 67 Kan. 77; Ry.
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Appeal from Jackson Circuit Court. — Hem. Thos. J. Seehom, Judge. (1) The court erred in the admission of testimony offered by plaintiff. (2) The court erred in not granting the peremptory instruction asked by defendant at the close of plaintiff’s case and at the close of the entire ease. Mason v. Railroad, 27 Kan. 83; Railroad v. Schmidt, 67 Kan. 8; Mcllhoney v. Railroad, 120 N. C. 557; Beck v. Railroad, 25 Oregon, 32; Zirkle v. Railroad, 67 Kan. 77; Ry. Co. v. Withers, 69 Kan. 620; Railroad v. Holland, 60 Kan. 209; Lamb v. Railroad, 73 Kan. 220; Bressler v. Railroad, 86 Pac. 472; Burgess v.…
1Opinion of the CourtJohnson, J.
Plaintiff commenced this suit in the circuit court of Jackson county to recover damages for the death of her husband which she alleges was caused by negligence of defendant. '
The cause of action, if one exists, arose in Kam sas and the petition pleads statutes of that State which, in certain instances, give to the widow of one whose death is caused by the negligence of another the right to maintain an action in damages. [Secs. 5319, 5320, Dassler’s Gen. Stat. of Kansas, 1905.] Facts *406are alleged which bring plaintiff within the operation of those statutes and a cause of action founded on what…
2Cases cited11 opinions
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Mathieson v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- State v. ClaySupreme Court of Missouri · 1890
- Williamson v. Wabash Railway Co.Missouri Court of Appeals · 1909
6 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Gulf, Mobile and Ohio Railroad Company, a Corporation v. T. A. Thornton, (Two Cases)Court of Appeals for the Eighth Circuit · 1961