Legal Opinion

Thomas v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided March 4, 1907PublishedCited by 10 opinions

Appeal from Jackson Circuit Court. — Hon. William, B. Teasdale, Judge. (1) It was error to permit witness Dr. Beattie to give his opinion as to the cause of the injury when the question did not embrace all the facts which should have been included, the particular objection being that it did not mention the. physical condition of plaintiff at the time of the accident.

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Appeal from Jackson Circuit Court. — Hon. William, B. Teasdale, Judge. (1) It was error to permit witness Dr. Beattie to give his opinion as to the cause of the injury when the question did not embrace all the facts which should have been included, the particular objection being that it did not mention the. physical condition of plaintiff at the time of the accident. Turner v. Har, 114 Mo. 345; Senn v. Railroad, 108 Mo. 143; Zin v. Railroad, 109 Mo. 142; Smith v. Railroad, 119 Mo. 246; Russ v. Railroad, 112 Mo. 45; Smart v. Kansas City, 91 Mo. App. 586; Mammersburg v. Railroad, 62 M'o. App.…

1Opinion of the CourtBkoaddus, P. J.

The plaintiff’s suit is to recover damages for an injury alleged to have occurred on the first day of November, 1902. She alleges in her petition that on said day she was a passenger on one of defendant’s cable cars, her destination being at the intersection of Ninth and Walnut streets, Kansas City, Missouri; that when the car arrived at the point named that it stopped to let off and take on passengers; that while she was in the act of alighting the defendant’s agents in charge caused the car to suddenly start forward which had the effect to violently throw her to the ground whereby she was…

2Cases cited2 opinions

  1. Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
  2. Taylor v. Grand Avenue RailwaySupreme Court of Missouri · 1904

3Cited by10 opinions

  1. Jackson v. HarriesUtah Supreme Court · 1925
  2. Goodes v. Order of United Commercial Travelers of AmericaMissouri Court of Appeals · 1913
  3. Glen L. Wigton Motor Co. v. PhillipsSupreme Court of Oklahoma · 1933
  4. Holtzen v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1911
  5. Kaw Feed & Coal Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1908

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