Legal Opinion

Joyce v. Metropolitan Street Railway Co.

Supreme Court of Missouri

Decided April 13, 1909PublishedCited by 7 opinions

Appeal from Jackson Circuit Court. — Eon. John G. Park, Judge. (1) The court erred in excusing Juror Baum for cause. Glasgow v. Railroad, 191 Mo. 347; State v. Taylor, 134 Mo. 142; State v. Miles, 199 Mo. 544. (2) The court erred in admitting testimony of C. T. Murray as to the method of construction of viaducts in other cities.

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Appeal from Jackson Circuit Court. — Eon. John G. Park, Judge. (1) The court erred in excusing Juror Baum for cause. Glasgow v. Railroad, 191 Mo. 347; State v. Taylor, 134 Mo. 142; State v. Miles, 199 Mo. 544. (2) The court erred in admitting testimony of C. T. Murray as to the method of construction of viaducts in other cities. Hurst v. Railroad, 163 Mo. 309; Lee v. Knapp & Co., 155 Mo. 610; Benjamin v. Railroad, 133 Mo. 274; Gutridge v. Railroad, 94 Mo. 468; Koons v. Railroad, 65 Mo. 592; Helfenstein v. Medart, 136 Mo. 595. (3) The court erred in giving instruction marked “IP.” Devoy v.…

1Opinion of the Court

GRAVES, J. —

Plaintiff, an alleged passenger, sues the defendant, a street railway corporation, for alleged negligence by which he was injured. Verdict for the plaintiff signed by nine jurors in sum of five thousand dollars and judgment accordingly. The accident occurred July 1, 1904, at Eighth and Main streets in Kansas City, Missouri, at which point the defendant maintained an overhead viaduct some twenty-nine feet above Main street on Eighth street. The negligence charged is thus stated in the petition:

“Plaintiff states that on said July 1, 1904, at about six p. m. thereof, he was in the…

2Cases cited1 opinion

  1. Dougherty v. Kansas City & Independence Rapid Transit RailwaySupreme Court of Missouri · 1895

3Cited by7 opinions

  1. Williams v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1921
  2. State Ex Rel. State Highway Commission v. DuncanSupreme Court of Missouri · 1929
  3. State v. LewisSupreme Court of Missouri · 1929
  4. Creason v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1910
  5. Green v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1910

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