Legal Opinion

Scott v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided May 31, 1909Published

Appeal from Jackson Circuit Court.— Hon. Henry L. McCune, Judge. The court erred in refusing to give defendant’s demurrer offered at the close of plaintiff’s evidence, and in refusing a similar instruction offered by defendant, at the close of all the evidence in the case. Gettys v. Transit Co., 103 Mo. App. 564; McLeland v. Transit Co., 105 Mo. App. 473; Kimble v. Railway, 108 Mo. App. 78; Hyman v. Transit Co., 108 Mo. App. 458; Hensler v. Stix, 113 Mo.

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Appeal from Jackson Circuit Court.— Hon. Henry L. McCune, Judge. The court erred in refusing to give defendant’s demurrer offered at the close of plaintiff’s evidence, and in refusing a similar instruction offered by defendant, at the close of all the evidence in the case. Gettys v. Transit Co., 103 Mo. App. 564; McLeland v. Transit Co., 105 Mo. App. 473; Kimble v. Railway, 108 Mo. App. 78; Hyman v. Transit Co., 108 Mo. App. 458; Hensler v. Stix, 113 Mo. App. 162; Sims v. Railway, 116 Mo.. App. 572, and cases cited; Fechley v. Traction Co., 119 M'o. App. 358; Diamond v. Kansas City, 120 Mo.…

1Opinion of the CourtBroaddus, P. J.

— This is a suit to recover damages for injuries alleged to have been received by plaintiff through the negligence of defendant on the 19th day of November, 1906, at about 5:30 o’clock p. m. at the intersection of Twelfth and Walnut streets in Kansas City. Twelfth street runs east and west; Walnut street runs north and south; they cross each other at right angles and in each defendant has double tracks of its electric railway. At the intersection of the two streets is a point for letting off, talcing on or transferring passengers. As a precaution for safety, the cars going in any direction…

2Cases cited10 opinions

  1. Bassett v. City of St. JosephSupreme Court of Missouri · 1873
  2. Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
  3. Devoy v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  4. Hull v. City of KansasSupreme Court of Missouri · 1874
  5. Boyd v. St. Louis Transit Co.Missouri Court of Appeals · 1904

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