Showen v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The canse of action was not shown to have been one which conld survive the death of the original plaintiff, Armstrong.
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Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judge. (1) The canse of action was not shown to have been one which conld survive the death of the original plaintiff, Armstrong. Elliott v. Kansas City, 210 Mo. 576; Millar v. Transit Co., 216 Mo. 99, 104; Behen v. Transit Co., 186 Mo. 430, 445; Bates v. Sylvester, 205 Mo. 493.; R. S. 1909, Sec. 106 ; Vawter v. Railroad, 84 Mo. 679; Oates v. Railroad, 104 Mo. 514; Strottman v. Railroad, 211 Mo. 227. (2) The defendant’s demurrer to plaintiff’s evidence, which was also renewed at the close of all of the evidence, should have been…
1Opinion of the CourtJohnson, J.
On March, 6,1908, Cyrus C. Armstrong commenced this suit in the circuit court of Jackson county to recover damages fo.r personal injuries, he alleged were caused by the negligence of defendant. The injury occurred October 16, 1907, and the petition alleged that it was caused by the negligence of defendant in suddenly starting a street car which had been stopped at a regular place for the reception and discharge of passengers while the plaintiff was in the act of alighting. The answer was a general denial. There was a trial of the cause in March, 1909, at which plain*43tiff appeared both as a…
2Cases cited14 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Behen v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Bates v. SylvesterSupreme Court of Missouri · 1907
- McNamara v. SlavensSupreme Court of Missouri · 1882
- Millar v. St. Louis Transit Co.Supreme Court of Missouri · 1909
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Jordan v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1934
- City of Springfield v. ClementMissouri Court of Appeals · 1920
- Miller v. GeeserMissouri Court of Appeals · 1915
- Wallace v. BoundsSupreme Court of Missouri · 1963
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
15 more not listed; retrieve them via the Exa API.