Butler v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». Andrew F. ; • Evans, Judge. (1) The court erred in refusing to give a peremptory instruction to find for the defendant. No duty on gripman to sound gong. McGauley v. Transit Co., 179 Mo. 591; Heinzle v. Railroad, 182 Mo. 559; Koenig v. Depot Co., 173 Mo. 725. No evidence that gripman failed to ring bell.
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Appeal from Jackson Circuit Court. — No». Andrew F. ; • Evans, Judge. (1) The court erred in refusing to give a peremptory instruction to find for the defendant. No duty on gripman to sound gong. McGauley v. Transit Co., 179 Mo. 591; Heinzle v. Railroad, 182 Mo. 559; Koenig v. Depot Co., 173 Mo. 725. No evidence that gripman failed to ring bell. Shaw v. Railroad, 104 Mo. 657; Sanders v. Electric Co., 147 Mo. 424; No evidence that failure to ring bell was the proximate cause of the injury. Molyneux v. Railroad, 81 M'o. App. 29-30; Heinzle v. Railway, 182 Mo. 555-59; Kelly v. Railroad, 75 Mo.…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. The trial resulted in a verdict and judgment for plaintiff in the sum of $1,850 and defendant appealed. The injury occurred at about four o’clock in the afternoon of June 24, 1901, on Twelfth street between Jefferson and Summit streets in Kansas City and was caused by one of defendant’s cable trains westward *356bound colliding with plaintiff. The petition charges two specific acts of negligence, one of which alone was submitted to the jury, i. e., that defendant negligently failed to give…
2Cases cited11 opinions
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
- Rogers v. WolfeSupreme Court of Missouri · 1890
- Anderson v. Union Terminal RailroadMissouri Court of Appeals · 1899
- State ex rel. C. S. Essex v. Kansas City, Fort Scott & Memphis RailroadMissouri Court of Appeals · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jackson ex rel. Jackson v. ButlerSupreme Court of Missouri · 1913
- Louisville N.R.R. Co. v. Frakes and PayneCourt of Appeals of Tennessee · 1928
- Saller v. Friedman Bros. Shoe Co.Missouri Court of Appeals · 1907
- McManus v. Arnold Taxi Corp.California Court of Appeal · 1927
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
8 more not listed; retrieve them via the Exa API.