Legal Opinion

Briscoe v. Metropolitan Street Railway Co.

Supreme Court of Missouri

Decided July 1, 1909PublishedCited by 29 opinions

Appeal from Jackson Circuit Court. — lion. Jas. E. Goodrich, Judge. (1) Tlie court erred in not instructing tlie jury to find tlie issues in favor of defendant. Hoffman v. Railroad, 45 N. Y.' App. Div. 586; Allen v. Railroad, 183 Mo. 433; Yarnell v. Railroad, 113 Mo. 580 ; Keller v. Railroad, 149 Pa. St. 65; LeBarron v. East Bottom Ferry Co., 11 Allen (Mass.) 312; Farley v. Railroad, 132 Pa. St. 58; Hayman v. Railroad, 118 Pa. St. 508; Fern v. West Jersey Ferry Co., 143 Pa.

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Appeal from Jackson Circuit Court. — lion. Jas. E. Goodrich, Judge. (1) Tlie court erred in not instructing tlie jury to find tlie issues in favor of defendant. Hoffman v. Railroad, 45 N. Y.' App. Div. 586; Allen v. Railroad, 183 Mo. 433; Yarnell v. Railroad, 113 Mo. 580 ; Keller v. Railroad, 149 Pa. St. 65; LeBarron v. East Bottom Ferry Co., 11 Allen (Mass.) 312; Farley v. Railroad, 132 Pa. St. 58; Hayman v. Railroad, 118 Pa. St. 508; Fern v. West Jersey Ferry Co., 143 Pa. St. 122; Orcntt v. Century Bldg. Co., 201 Mo. 424;. McGrath v. Railroad, 197 Mo. 97; Roscoe v. Railroad, 202 Mo. 588.…

1Opinion of the CourtGraves, J.

Action for personal-injuries. Verdict and judgment for $5,000 in favor of plaintiff, from which defendant appeals.

This case at one time reached the Kansas City Court of Appeals, by which, for errors, it was reversed and remanded — 118 Mo. App. 668. Thereafter an amended petition was filed, upon which the trial involved in this appeal was had. The material portions of this amended petition, omitting formal portions and charges as to the character of the injuries, are:

*109‘ ‘ That on or about February 3, 1902, and at about the hour of 4:20 o’clock p. m. of said day, plaintiff was a passenger upon…

2Cases cited5 opinions

  1. Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
  2. Brennan v. City of St. LouisSupreme Court of Missouri · 1887
  3. Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
  4. Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
  5. Briscoe v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906

3Cited by29 opinions

  1. McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
  2. Conduitt v. Trentonton Gas & Electric Co.Supreme Court of Missouri · 1930
  3. Hogan v. Kansas City Public Service Co.Supreme Court of Missouri · 1929
  4. May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
  5. McCaffery v. St. Louis Public Service Co.Supreme Court of Missouri · 1952

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