Underwood v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Armwell L. Cooper, Special Judge. (1) The court erred in giving plaintiff’s instruction number 1. It purported to cover the whole case, yet authorized a recovery for plaintiff without requiring plaintiff to have been in the exercise of ordinary care herself. It was also in conflict with number 7 and 8 for defendant. Lumber Co. v. Tie Co., 87 Mo. App. 177; Flynn v. Bridge Co., 42 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Armwell L. Cooper, Special Judge. (1) The court erred in giving plaintiff’s instruction number 1. It purported to cover the whole case, yet authorized a recovery for plaintiff without requiring plaintiff to have been in the exercise of ordinary care herself. It was also in conflict with number 7 and 8 for defendant. Lumber Co. v. Tie Co., 87 Mo. App. 177; Flynn v. Bridge Co., 42 Mo. App. 529; Implement Co. v. Ritchie, 43 Mo. 587; Boothe v. Loy, 83 Mo. App. 601; Borden v. Faulk, 97 Mo. App. 566; Goetz v. Railroad, 50 M’o. 474; Fitzgerald v. Hayward, 50…
1Opinion of the CourtBroaddus, P. J.
The plaintiff was a passenger on one of defendant’s street cars and in attempting to alight she fell and was injured. The evidence tended to show that while she was in the act of alighting the car was suddenly started which had the effect of throwing her upon the street. Defendant’s answer consisted of a general denial and a charge of contributory negligence on the part of plaintiff.
Instruction numbered one, given at the instance of plaintiff, is as follows: “If the jury believe and find from the evidence that the plaintiff on or about the eleventh day of August, 1903, became a passenger upon…
2Cases cited9 opinions
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
- Sullivan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Crumpley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1892
- Schmidt v. St. Louis RailroadSupreme Court of Missouri · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- Gerhart v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908