Legal Opinion

Rush v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided May 29, 1911PublishedCited by 6 opinions

.Appeal from Jackson Circuit Court. —Hon. Jas H. Slover, Judge. (1) Appellant contends that this case should be-reversed, for the reason that on all the evidence the-court should have directed a verdict for defendant. Barnard v. Railroad, 137 Mo. App. 684; Hebeler v. Railroad, 132 Mo. App. 551; Gessner v. Railroad, 137 Mo. App. 47; Gabriel v. Railroad, 130 Mo. App. 651. (2) The court erred in giving instruction No. 1 at plaintiff’s request.

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.Appeal from Jackson Circuit Court. —Hon. Jas H. Slover, Judge. (1) Appellant contends that this case should be-reversed, for the reason that on all the evidence the-court should have directed a verdict for defendant. Barnard v. Railroad, 137 Mo. App. 684; Hebeler v. Railroad, 132 Mo. App. 551; Gessner v. Railroad, 137 Mo. App. 47; Gabriel v. Railroad, 130 Mo. App. 651. (2) The court erred in giving instruction No. 1 at plaintiff’s request. Cases under Point I. Garard v. Coal Co., 207 Mo. 242;-Holden v. Railroad, 108 Mo. App. 1. c. 674,-O’Farrell v. Railroad, 136 Mo. App. 353. (3) The-court…

1Opinion of the CourtJohnson, J.

— This is a negligence case. An automobile in which plaintiff was a passenger for- hire “was struck at a street crossing by an east-bound electric *507street car operated by defendant on its Twelfth street line in Kansas City and plaintiff was thrown to the pavement and injured. The petition alleges that “the party operating and managing the automobile in which plaintiff was riding, not knowing of the approach of defendant’s car, drove said automobile onto Twelfth street and onto the track of defendant’s railway thereon, •and while he was driving one of defendant’s said cars •approached at a…

2Cases cited1 opinion

  1. Vanbuskirk v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908

3Cited by6 opinions

  1. Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
  2. Minor v. LillardSupreme Court of Missouri · 1957
  3. Shiflett's Administratrix v. Virginia Railway & Power Co.Supreme Court of Virginia · 1923
  4. Gulf, Mobile and Ohio Railroad Company, a Corporation v. T. A. Thornton, (Two Cases)Court of Appeals for the Eighth Circuit · 1961
  5. Armstrong v. Spokane International Railway Co.Washington Supreme Court · 1918

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