Hays v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court . — Hon. Frank G. Johnson, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Jacobson v. Transit Co., 106 Mo. App. 346; McCarty v. Suburban Ry., 105 Mo.
Read the full summary
Appeal from Jackson Circuit Court . — Hon. Frank G. Johnson, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Jacobson v. Transit Co., 106 Mo. App. 346; McCarty v. Suburban Ry., 105 Mo. App. 596; Jackson v. Railroad, 118 Mo. 221; Nellis on Street Rys., p. 484; Nichols v. Railroad, 106 Mass. 463; Grabenstein v. Railroad, 84 N. Y. Supp. 261; Mitchell v. Railroad, 61 Mich. 236. (2) The court erred in overruling the motion in arrest of judgment. The defendant was entitled to judgment on the pleadings. Ramp v. Street Railway, 133 Mo. App. 703; Cain v.…
1Opinion of the CourtTrimble, J.
Action to recover damages for personal injuries sustained by plaintiff while in the act of alighting from one of defendant’s street cars.
The injury occurred between seven and eight o’clock, p. m. October 12, 1910-, at the intersection of Southwest boulevard and Pennsylvania avenue (frequently called Penn street). Southwest boulevard, as its name would indicate, runs southwest and crosses Pennsylvania avenue at an angle of forty-five degrees, Pennsylvania avenue running north and south.
Defendant’s two tracks lie in Southwest boulevard, and the car from which plaintiff attempted to alight was…
2Cases cited6 opinions
- Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Nichols v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- McCarty v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1904
- Grabenstein v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Smith v. RiceSupreme Court of Iowa · 1916
- Elliot v. United Railways Co.Missouri Court of Appeals · 1919