Hite v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The instruction directing the verdict for defendant should have been given. Plaintiff is confined to the act of negligence pleaded.
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Appeal from Jackson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The instruction directing the verdict for defendant should have been given. Plaintiff is confined to the act of negligence pleaded. Waldhier v. Railroad, 71 Mo. 514; Rarty v. Railroad, 95 Mo. 368; Schlereth v. Railroad, 96 Mo. 509; Renton v. Railroad, 52 Iowa, 161; Garter v. Railroad, 65 Iowa, 287; Price v. Railroad, 72 Mo. 414. (2) Instruction 12 directing a verdict for defendant should have been given because plaintiff was guilty of contributory negligence. According to this testimony, plaintiff,' with full knowledge of the…
1Opinion of the CourtBurgess, J.
An action for personal injuries sustained by plaintiff who was a passenger on one of defendant’s cable cars, in Kansas City, Missouri, by being thrown from the car, by reason of its negligent management in being run “at a careless and rapid rate of speed and with a jerk,” while rounding a curve at the east end of the Twelfth street line. The case was tried before a jury, which rendered a verdict in favor of plaintiff in the sum of $4,950. Defendant then filed motions for new trial and in arrest, which were overruled, and it appealed.'
The .accident occurred on the afternoon of August 4, 1891.…
2Cases cited7 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Smith v. St. Paul City Railway Co.Supreme Court of Minnesota · 1884
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- O'Connell v. St. Louis Cable & Western Railway Co.Supreme Court of Missouri · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Ketterman v. Dry Fork Railroad Co.West Virginia Supreme Court · 1900
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Piehler Ex Rel. Schultz v. Kansas City Public Service Co.Supreme Court of Missouri · 1948
41 more not listed; retrieve them via the Exa API.