Zalotuchin v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Hon. Herman Brumbaclc, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence at the close of plaintiff’s testimony, and again at the close of all the testimony.
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Appeal from Jackson Circuit Court.—Hon. Herman Brumbaclc, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence at the close of plaintiff’s testimony, and again at the close of all the testimony. The physical facts and the conceded facts show that the wagon was driven on to the car tracks at a point where the driver or plaintiff could have seen the car for five blocks, yet attempted to cross so close in front of the car that a collision was inevitable and unavoidable. Sanguinette v. Railroad, 196 Mo. 474; Green v. Railroad, 192 Mo. 143; Schmidt y. Railroad, 191 Mo.…
1Opinion of the CourtJohnson, J.
Plaintiff alleges she was injured in a collision between a wagon in which she was riding and a street car operated by defendant and that the injury *581was the direct result of defendant’s negligence. She recovered judgment in the sum of $200, and the cause is here on the appeal of defendant.
At the time of the injury, which occurred on the 19 th day of July, 1903, plaintiff was a minor. Her exact age is not disclosed but from facts appearing in the record, it is fair to assume she was not over sixteen years old. The place of the injury was at the corner of Guinnotte and Michigan avenues in Kansas…
2Cases cited12 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Cole v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Grout v. Central Electric Railway Co.Missouri Court of Appeals · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Chickasha St. Ry. Co. v. MarshallSupreme Court of Oklahoma · 1914
- McClanahan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Will v. GilliamSupreme Court of Missouri · 1969
- Turney v. United Railways Co.Missouri Court of Appeals · 1911
- Ebert v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1913