Carroll v. Inter-State Rapid Transit Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. This is an appeal from a judgment for plaintiff for $3,208.41, entered upon a verdict in the circuit court of Cass county. After the usual motions and exceptions the defendant appealed. The action is for personal injuries. The defendant company was operating an elevated railway line in Kansas City, Missouri, extending thence a short distance into the state of Kansas.
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Appeal from Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. This is an appeal from a judgment for plaintiff for $3,208.41, entered upon a verdict in the circuit court of Cass county. After the usual motions and exceptions the defendant appealed. The action is for personal injuries. The defendant company was operating an elevated railway line in Kansas City, Missouri, extending thence a short distance into the state of Kansas. On this line defendant ran passenger cars, and exercised the vocation of a common carrier. The place where the plaintiff’s mishap occurred was near the James street…
1Opinion of the CourtBarclay, J.
At the trial the defendant insisted that the testimony did not warrant the submission of the case to the .jury, because it disclosed plaintiff’s own negligence, as a clear conclusion of law, in the premises. But that objection was overruled, and an instruction in the nature of a demurrer to the evidence was refused.
*660I. This presents the first point for decision. The rule governing its consideration is well understood.
It is for the court to say, in the first instance, whether the showing made by the plaintiff (with every reasonable inference therefrom, favorable to him) legitimately tends to…
2Cases cited1 opinion
- Lawrence v. ShreveSupreme Court of Missouri · 1858
3Cited by19 opinions
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Rutledge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Smith v. Ozark Water Mills Co.Missouri Court of Appeals · 1922
- Hopkins v. RailroadTennessee Supreme Court · 1896
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
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