Legal Opinion

Nelson v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided June 26, 1905PublishedCited by 18 opinions

Appeal from Jackson Circuit Court. — Son. J. McD. Trimble, Special Judge. (1) The court erred in its refusal to sustain the defendant’s demurrer and to give defendant’s peremptory instruction. The evidence wholly failed to sustain the allegations of the petition. Spiro v. Transit Co., 102 Mo.

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Appeal from Jackson Circuit Court. — Son. J. McD. Trimble, Special Judge. (1) The court erred in its refusal to sustain the defendant’s demurrer and to give defendant’s peremptory instruction. The evidence wholly failed to sustain the allegations of the petition. Spiro v. Transit Co., 102 Mo. App. 261; Hesselbach v. St. Louis, 179 Mo. 524; Purl v. Railway Co., 72 ÍVIo. 172; Bartley v. Railway, 143 Mo. 139,140; Raming v. Railway, 157 Mo. 506. (2) Instruction numbered one is unsupported by the evidence. Wyatt v. Railway, 62 Mo. 408; Heide v. Transit Co., 104 Mo. App. 328. It enlarged the…

1Opinion of the CourtJohnson, J.

— Clare Nelson, wife of' plaintiff, sustained personal injuries alleged to have been caused by the negligence of defendant. She brought suit to recover her resulting damages and obtained judgment in *661the sum of one thousand dollars, which we affirmed at this term — Clare Nelson v. Metropolitan Street Railway Company, 113 Mo. App. 702. In this suit the husband seeks to recover the damages sustained by him in consequence of his wife’s injuries. The jury found for him in the sum of one thousand dollars, and defendant appealed. All the questions presented upon this appeal are answered in the…

2Cases cited14 opinions

  1. Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  2. Clow v. ChapmanSupreme Court of Missouri · 1894
  3. Duke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
  4. Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
  5. Robertson v. Wabash RailroadSupreme Court of Missouri · 1899

9 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Girratono v. Kansas City Public Service Co.Supreme Court of Missouri · 1952
  2. Sezzin v. StarkCourt of Appeals of Maryland · 1946
  3. Patterson v. Springfield Traction Co.Missouri Court of Appeals · 1914
  4. Reeves v. LutzMissouri Court of Appeals · 1913
  5. Belisle v. WilsonSupreme Court of Missouri · 1958

13 more not listed; retrieve them via the Exa API.

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