Ross v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. William B. B. Teasdale, Judge. The court erred in overruling defendant’s demurrer to the plaintiff’s testimony, and again in overruling the demurrer to all of the testimony. Plaintiff utterly failed to show that her injuries were the result of any negligence on the part of defendant, to which she did not contribute, and if she did contribute to them she cannot recover. Kirtley v. Railroad, 65 Fed. 391; Guy-er y.
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Appeal from Jackson Circuit Court. — Hon. William B. B. Teasdale, Judge. The court erred in overruling defendant’s demurrer to the plaintiff’s testimony, and again in overruling the demurrer to all of the testimony. Plaintiff utterly failed to show that her injuries were the result of any negligence on the part of defendant, to which she did not contribute, and if she did contribute to them she cannot recover. Kirtley v. Railroad, 65 Fed. 391; Guy-er y. Eailroad, 174 Mo. 344; Yan Bach y. Eailroad, 171 Mo. 338; Tanner v. Eailroad, 161 Mo. 497; Holwerson y. Eailroad, 157 Mo. 216; Sims v.…
1Opinion of the CourtEllison, J.
This action is for personal injury alleged to have resulted to plaintiff through negligence of defendant’s servants in not sounding the bell of one of its street cars whereby it ran against her. She recovered judgment.
The plaintiff was hurt while attempting to cross the railway tracks at Ninth and Jefferson streets in Kansas City. Ninth street upon which defendant’s tracks were laid runs east and west, while Jefferson street and Penn street run north and south and cross Ninth street. At Ninth and Jefferson where plaintiff was hurt, looking west there is a very steep incline coming up from the…
2Cases cited7 opinions
- Hook v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Huggart v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Hornstein v. United Railways Co.Supreme Court of Missouri · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Paul v. United Railways Co.Missouri Court of Appeals · 1911
- Markovich v. Kansas City Public Service Co.Supreme Court of Missouri · 1954