Winters v. Kansas City Cable Railway Co.
Supreme Court of Missouri
Appeal from, JacJcson Circuit Court. — Non. T. A. Gtll, Judge. (1) Defendant’s demurrer ought to have been sustained. (a) There is no evidence that the servants of defendant saw or could have seen plaintiff in time to stop train and avoid injury- Wood’s Railway Law, pp. 1275, 1276, 1277 and 1278; Jaclcson v‘ Hardin, 83 Mo. 186; Landis n. Hamilton, 77 Mo. 554; Powell r>. Railroad, 76 Mo. 84; Boland n.
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Appeal from, JacJcson Circuit Court. — Non. T. A. Gtll, Judge. (1) Defendant’s demurrer ought to have been sustained. (a) There is no evidence that the servants of defendant saw or could have seen plaintiff in time to stop train and avoid injury- Wood’s Railway Law, pp. 1275, 1276, 1277 and 1278; Jaclcson v‘ Hardin, 83 Mo. 186; Landis n. Hamilton, 77 Mo. 554; Powell r>. Railroad, 76 Mo. 84; Boland n. Railroad, 36 Mo. 484. (b) There was no evidence offered that defendant was operating the road at the time of the accident. Gilbert o. Railroad, 23 Mo. App. 66. (2) Plaintiff’s first instruction…
1Opinion of the CourtBlack, J.
One of the defendant’s cable cars ran upon the plaintiff, a boy .three years of age, at the crossing of Ninth street and Gfrand avenue, in the City •of Kansas, crushing one of his legs, so that amputation became necessary. Hence, this suit by his next friend for damages.
*515The refusal of the court to give defendant’s instruction, in the nature of a demurrer to the evidence, makes it necessary to set out the substance of the evidence on the one side and the other. Ninth street runs east and west and Grand avenue north and south. The train of cars was going east on Ninth street, and thence around…
2Cases cited9 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Robinson v. ConeSupreme Court of Vermont · 1850
- The Steamboat Clipper v. LoganOhio Supreme Court · 1849
- Boland v. Missouri RailroadSupreme Court of Missouri · 1865
- Stillson v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- Neff v. City of CameronSupreme Court of Missouri · 1908
- Gardner v. TurkSupreme Court of Missouri · 1938
- Bottoms v. Seaboard & Roanoke RailroadSupreme Court of North Carolina · 1894
19 more not listed; retrieve them via the Exa API.