Kirkpatrick v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Wm. O. Thomas, Judge. (1) The court erred in admitting any evidence under the petition herein. The petition does not state facts sufficient to constitute a cause of action. R. S. 1899, sec. 1794; Behen v. Transit Co., 186 Mo. 430; Drolshagen v. Railroad, 186 Mo. 258; Rodgers v. Ins. Co., 186 Mo. 255; Gabriel v. Railroad, 130 Mo.
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Appeal from Jackson Circuit Court. — Hon. Wm. O. Thomas, Judge. (1) The court erred in admitting any evidence under the petition herein. The petition does not state facts sufficient to constitute a cause of action. R. S. 1899, sec. 1794; Behen v. Transit Co., 186 Mo. 430; Drolshagen v. Railroad, 186 Mo. 258; Rodgers v. Ins. Co., 186 Mo. 255; Gabriel v. Railroad, 130 Mo. App. 651. (2) Statement of witnesses contradictory of general knowledge, or opposed to physical facts, or contrary to the operation and effect of natural forces, should not be accepted by any court. Barnard v. Railroad, 137…
1Opinion of the CourtBroaddus, P. J.
This is a suit by plaintiff against defendant for damages for personal injuries alleged to have been received on or about August 24, 1908, on Southwest Boulevard, between Twenty-fourth and Twenty-sixth streets in Kansas City, Missouri. The action is founded on a general allegation of negligence.
The evidence of plaintiff tended to show that he boarded defendant’s car a short time before he received his injuries at which time he was standing on the bumper of the car, which position he had taken on account of the crowded condition of the car. When he got on the car he tendered his transfer to…
2Cases cited6 opinions
- Hedrick v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Lehnick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Young v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Paquin v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1901
- Vessels v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
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