McNally v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John G. Parh, Judge. (1) The uncontradicted testimony in this case shows the plaintiff was injured at a place where passengers had no right to alight. There was no proof in the case that any employee of defendant knew that plaintiff was going to alight at said point. Therefore defendant’s demurrer to the evidence should have been sustained. McCarty v. Railroad, 108 Mo. App. 600; Corum v. Railroad, 113 Mo.
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Appeal from Jackson Circuit Court. — Hon. John G. Parh, Judge. (1) The uncontradicted testimony in this case shows the plaintiff was injured at a place where passengers had no right to alight. There was no proof in the case that any employee of defendant knew that plaintiff was going to alight at said point. Therefore defendant’s demurrer to the evidence should have been sustained. McCarty v. Railroad, 108 Mo. App. 600; Corum v. Railroad, 113 Mo. App. 635; Jacobson v. Transit Co., 106 Mo. App. 339; Nurse v. Railroad, 61 Mo. App. 67; Jackson v. Railroad, 118 Mo. App. 218. (2) It was error to…
1Opinion of the CourtEllison, J.
Plaintiff was a passenger on one of defendant’s street cars and was injured in attempting to alight therefrom. She thereupon instituted this action for damages and recovered judgment in the trial court.
Plaintiff got on the car at Nineteenth and Troost avenue, Kansas City, Mo., at about seven o’clock p. m., November 21, 1907, desiring to go south to Twenty-sixth street, where she intended to get off and visit a sister. She was a stranger to that part of the city and told the conductor when she got on that she desired to get off at Twenty-sixth street. Just after the car had passed Twenty-fifth…
2Cases cited1 opinion
- Corum v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905