Pennington v. Kansas City Railways Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. ■ Seehorn, Judge. (1) The court erred in giving to tlie jury instruction number 1, as asked by the plaintiff. (,a) Because the instruction assumes that plaintiff did not look “for the approach of said car,” and that plaintiff was “unaware of the approach of said car.” It also assumes that plaintiff was in danger. It assumes also, that if the motorman had “used said means,” he would have avoided “striking and injuring him.”
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Appeal from Jackson Circuit Court. — Hon. Thomas J. ■ Seehorn, Judge. (1) The court erred in giving to tlie jury instruction number 1, as asked by the plaintiff. (,a) Because the instruction assumes that plaintiff did not look “for the approach of said car,” and that plaintiff was “unaware of the approach of said car.” It also assumes that plaintiff was in danger. It assumes also, that if the motorman had “used said means,” he would have avoided “striking and injuring him.” Hunt. v. City of St. Louis, 211 S. W. 677; Henson v. Kansas City, 210 S. W. 17; Ganey v. Kansas City, 259 Mo. 663';…
1Opinion of the CourtGoode, J.
This plaintiff, some time in the evening, but after dark on January 14, 1914, was struck by an electric trolley car and badly hurt. When the accident occurred he was a lad fourteen or fifteen years old, was still a minor when this action was instituted with his mother as next friend, and also when it was tried at the March term of the Circuit Court of Jackson County. The plaintiff’s skull was fractured by the impact of the street car, and on January 23, 1917, after the trial of the case, but before the motions for new trial and in arrest of judgment had been passed upon, he was found to be a…
2Cases cited8 opinions
- Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- First National Bank v. RagsdaleSupreme Court of Missouri · 1900
- Everett v. ButlerSupreme Court of Missouri · 1906
- Pennington v. Kansas City Railways Co.Court of Appeals of Kansas · 1919
- State v. DaughertySupreme Court of Missouri · 1891
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3Cited by5 opinions
- Hogsett v. SmithMissouri Court of Appeals · 1950
- Webster v. Joplin Water Works CompanySupreme Court of Missouri · 1944
- State v. RossSupreme Court of Missouri · 1924
- Fears v. Newman Mercantile CompanySupreme Court of Missouri · 1941
- Knight v. Sutherland and MitchellMissouri Court of Appeals · 1932