Brady v. Springfield Traction Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. James T. . Neville, Judge, (1) The petition does not state a cause of action and the motion in arrest of judgment should have been sustained. Saxton y. Railroad, 98 Mo. App. 503; Stewart v. Railway, 146 Mass. 605; Meers v. Railway, 62 S. W. 1012; Dougherty v. Railroad, 81 Mo. 330; Maguire y. Transit Co., 103 Mo. App. 475; Stoddard y. Railroad, 105 Mo.
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Appeal from Greene Circuit Court. — Eon. James T. . Neville, Judge, (1) The petition does not state a cause of action and the motion in arrest of judgment should have been sustained. Saxton y. Railroad, 98 Mo. App. 503; Stewart v. Railway, 146 Mass. 605; Meers v. Railway, 62 S. W. 1012; Dougherty v. Railroad, 81 Mo. 330; Maguire y. Transit Co., 103 Mo. App. 475; Stoddard y. Railroad, 105 Mo. App. 512. (2) To hold that the defendant is liable in this case is to hold it cannot start a car until the passenger is seated and to hold that in starting they must do it so imperceptibly as not to jar…
1Opinion of the CourtCox, J.
Appellant assigns as error:
1. The petition does not state a cause of action.
2. That the court erred in admitting hearsay evidence.
3. That the court erred in refusing to sustain a demurrer to the testimony.
4. Improper remarks of plaintiff’s counsel in addressing the jury in his closing argument.
As to the sufficiency of the petition, appellant contends that it is not negligence to start a car before a passenger has had a reasonable time to be seated. Nor does the allegation that the car was started with a “jerk” show any negligence.
Carriers of passengers, in discharging their duty to such…
2Cases cited5 opinions
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Groll v. TowerSupreme Court of Missouri · 1884
- Gartside v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1882
- Squires v. City of ChillicotheSupreme Court of Missouri · 1886
- Stoddard v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1904
3Cited by12 opinions
- London Guarantee & Accident Co. v. WoelfleCourt of Appeals for the Eighth Circuit · 1936
- Krug v. Mutual Ben. Health & Accident Ass'nCourt of Appeals for the Eighth Circuit · 1941
- Paepke v. StadelmanMissouri Court of Appeals · 1927
- Poumeroule v. Postal Telegraph Cable Co.Missouri Court of Appeals · 1912
- Curry v. Federal Life InsuranceMissouri Court of Appeals · 1926
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