Sweeney v. Kansas City Cable Railway Co.
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. GK F. Longan, Judge. (1) If there was any negligence on defendant’s part, Sweeney must be charged with default in the same respect. There was the right to assume that the wagon would move out of the way until something appeared showing that the wagon could not move. Sinclair v. Railroad, 133 Mo. 241; Boyd v. Railroad, 105 Mo. 281; Bunyan v. Railroad, 127 Mo. 17. (2) It was error to exclude the testimony of John H. Twyman.
Read the full summary
Appeal from Pettis Circuit Court. — Hon. GK F. Longan, Judge. (1) If there was any negligence on defendant’s part, Sweeney must be charged with default in the same respect. There was the right to assume that the wagon would move out of the way until something appeared showing that the wagon could not move. Sinclair v. Railroad, 133 Mo. 241; Boyd v. Railroad, 105 Mo. 281; Bunyan v. Railroad, 127 Mo. 17. (2) It was error to exclude the testimony of John H. Twyman. Whether the gripman acted promptly upon the appearance of danger was a vital question in the case. Even as to an injured passenger,…
1Opinion of the CourtBurgess, J.
This suit was begun by plaintiff in the circuit court of Jackson county against the defendant, a street railway company, for damages in the sum of $5,000 for negligently killing her husband, Patrick Sweeney. Upon the application of plaintiff the venue of the cause was changed to the circuit court of Pettis county where a trial was had before a jury, resulting in a verdict in favor of plaintiff in the sum of $5,000, for which judgment was rendered in accordance therewith. After unsuccessful motion for a new trial defendant appeals.
At the time of the accident defendant operated a double track…
2Cases cited20 opinions
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- McFadin v. CatronSupreme Court of Missouri · 1894
- Clark v. . Eighth Avenue Railroad Co.New York Court of Appeals · 1867
15 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Stack v. General Baking Co.Supreme Court of Missouri · 1920
- Morris v. Atlas Portland Cement Co.Supreme Court of Missouri · 1929
- Muth ex. of Reuter v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1901
28 more not listed; retrieve them via the Exa API.