Harrison v. Kansas City Electric Light Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court'. — Now. James Gibson, Judge. (1) It is well settled that in determining the question of negligence it must be decided with reference to the duty that the defendant owes to the injured, and not its duty to others, generally.
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Appeal from Jackson Circuit Court'. — Now. James Gibson, Judge. (1) It is well settled that in determining the question of negligence it must be decided with reference to the duty that the defendant owes to the injured, and not its duty to others, generally. Feeback v. Railroad, 167 Mo. 215; Roddy v. Railroad, 104 Mo. 234. (2) It is error to admit evidence tending to show negligence on the part of the defendant in reference to matters wholly foreign to and unpleaded in the petition. Conway v. Railroad, 24 Mo. App. 235; Hicks v. Railroad, 68 Mo. 329; Brooks v. Blackwell, 76 Mo. 309. (3) The…
1Opinion of the CourtMarshall, J.
— This is an action under the statute for $5,000 damages for the death of plaintiff’s husband, on the 24th of April, 1902, caused by an electric shock from the defendant’s wire in Kansas City, Missouri. The action is by the widow. A prior action had been brought by the widow within six months after the death, in which the plaintiff suffered a non-suit, and this action was brought within one year thereafter, as allowed by the statute. There was a judgment for the plaintiff for $5,000, and the defendant appealed.
The issues.
The petition alleges the relation of the plaintiff to the deceased, and…
2Cases cited12 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- McLaughlin v. Louisville Electric Light Co.Court of Appeals of Kentucky · 1896
- Brennan v. City of St. LouisSupreme Court of Missouri · 1887
- Higgins v. DeweyMassachusetts Supreme Judicial Court · 1871
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3Cited by87 opinions
- Cumberland Telephone & Telegraph Co. v. WoodhamMississippi Supreme Court · 1910
- Stith v. J. J. Newberry Co.Supreme Court of Missouri · 1935
- Belk v. RosamondMississippi Supreme Court · 1952
- McLeod Ex Rel. McLeod v. Linde Air Products Co.Supreme Court of Missouri · 1927
- Planters Wholesale Grocery v. KincadeMississippi Supreme Court · 1951
82 more not listed; retrieve them via the Exa API.