Legal Opinion

Waddell v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided June 26, 1905PublishedCited by 9 opinions

Appeal from Jackson Circuit Court. — Eon. Andrew F. Evans, Judge. (1) The evidence at the trial and the undisputed facts clearly prove that respondent was guilty of such contributory negligence as would bar a recovery.

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Appeal from Jackson Circuit Court. — Eon. Andrew F. Evans, Judge. (1) The evidence at the trial and the undisputed facts clearly prove that respondent was guilty of such contributory negligence as would bar a recovery. Reno v. Railway, 180 Mo. 487-8-9; Roenfelt v. Railway, 180 Mo. 554; Hook v. Railway, 162 Mo. 569; Tanner v. Railway, 161 Mo. 497; Holwerson v. Railway, 157 Mo. 216; Davies v. Railway, 159 Mo. 1; Peterson v. Railway, 156 Mo. 561; Van Bach v. Railway, 171 Mo. 838, 1. c. 347; Boyd v. Railway, 105 Mo. 371; Gettys v. Transit Co., 103' Mo. App. 564; Lien v. Railway, 79 Mo. App. 475;…

1Opinion of the CourtJohnson, J.

— Action for damages resulting from injuries alleged to have been caused by defendant’s negligence. The answer contained a general denial and a plea of contributory negligence. Plaintiff recovered judgment in the sum of two thousand dollars. It is first insisted by defendant that its request for a peremptory instruction should have been sustained. The facts are as follows:

Plaintiff, seventy-five years of age, in attempting to walk across Fourteenth street in Kansas City, near the intersection of that street with Penn avenue, was struck by a west bound car on the “Observation Park” line of…

2Cases cited17 opinions

  1. Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
  2. State v. FoleySupreme Court of Missouri · 1898
  3. Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
  4. Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
  5. Foster v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893

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

3Cited by9 opinions

  1. Moore v. St. Louis Southwestern Railway CompanyMissouri Court of Appeals · 1957
  2. Waddell v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
  3. Bennett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
  4. State v. WilliamsSupreme Court of Missouri · 1967
  5. Russell v. Union Electric Co. of MissouriMissouri Court of Appeals · 1945

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

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