Taylor v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (a) Plaintiff’s statement that seeing the approaching car he drove on the track, there sat, watched and waited for it to run up and hit him, at all times knowing he could avoid a collision, must reverse this case. Getty v. Transit Co., 103 Mo. App. 564; Hawkins v. Railroad, 135 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (a) Plaintiff’s statement that seeing the approaching car he drove on the track, there sat, watched and waited for it to run up and hit him, at all times knowing he could avoid a collision, must reverse this case. Getty v. Transit Co., 103 Mo. App. 564; Hawkins v. Railroad, 135 Mo. App. 524; Guinney v. Railroad, 167 Mo. 595; Ries v. Transit Co., 179 Mo.l; McGarth v. Transit Co., 197 Mo. 97; Moore v. Transit Co., 176 Mo. 528; Laun v. Railroad, 216 Mo. 563. (b) The statement of plaintiff’s eye-witnesses that the .car and truck…
1Opinion of the CourtEllison, J.
— Plaintiff was a fireman in the employ of the Kansas City fire department, and defendant is the operator of a street railway in that city. Plaintiff was injured by being struck by one of defendant’s cars, and brought this action for damages. He recovered judgment in the circuit court.
*133Defendant’s tracks run east and west on Eighteenth street and pass Agnes avenue, which runs north and south intersecting Eighteenth street. Each street is narrow, being about forty-five feet in width. It seems there is a “jog” of about forty feet where the avenue intersects with the street, and in order to…
2Cases cited3 opinions
- Reynolds v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Devoy v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Curtiss v. Rochester & Syracuse Rail RoadNew York Supreme Court · 1855
3Cited by6 opinions
- Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
- Alexander v. Kansas City Public Service Co.Missouri Court of Appeals · 1954
- Mahoney v. PearceWyoming Supreme Court · 1928
- Hogan v. FlemingMissouri Court of Appeals · 1924
- Brown v. CampbellMissouri Court of Appeals · 1949
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