Woodson v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circnit Court. — Hon. J. H. Slover, Judge. (1) The conrt erred) in overruling demurrer of defendants at the close of plaintiff’s testimony and at the close of all the testimony, for the reason: (a) The fall of deceased occurred in broad daylight and the obstruction which plaintiff claims .caused' the fall, was in plain view of the deceased.
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Appeal from Jackson Circnit Court. — Hon. J. H. Slover, Judge. (1) The conrt erred) in overruling demurrer of defendants at the close of plaintiff’s testimony and at the close of all the testimony, for the reason: (a) The fall of deceased occurred in broad daylight and the obstruction which plaintiff claims .caused' the fall, was in plain view of the deceased. There was nothing to distract his attention therefrom, and his action in stumbling over said obstruction, if he did stumble, was negligence yer se. Wheat v. St. Louis, 179 Mo. 578; Davis v. Bailroad, 105 Cal. 131; Tahn v. Ottumwa, 60…
1Opinion of the CourtGraves, J.
Plaintiff, the widow of Major Blake L. Woodson, bring's this action to recover damages for the alleged wrongful death of her husband, alleged to have been caused by the negligence of the defendants. The accident which resulted in the death of Major Woodson occurred on the west side of Charlotte . street between Twelfth and Thirteenth streets, and as alleged at a point one hundred and seventy-five to two hundred feet south of the southwest corner of *692Twelfth and Charlotte streets. On that side of the street practically all of the block between Twelfth and Thirteenth streets was occupied by a…
2Cases cited6 opinions
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Porter v. . WaringNew York Court of Appeals · 1877
- Vonkey v. City of St. LouisSupreme Court of Missouri · 1909
- Musick v. Jacob Dold Packing Co.Missouri Court of Appeals · 1894
- Graham v. City of Albert LeaSupreme Court of Minnesota · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- McClanahan Ex Rel. McClanahan v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- City of Birmingham v. CarleSupreme Court of Alabama · 1915
- Ryan v. Kansas CitySupreme Court of Missouri · 1911
- Smith v. Ozark Water Mills Co.Missouri Court of Appeals · 1922
- Waldmann v. Skrainka Construction Co.Supreme Court of Missouri · 1921
35 more not listed; retrieve them via the Exa API.