Barnard v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. 0. Thomas, Judge. It having been established that plaintiff’s husband was injured by reason of the fact that he negligently continued to drive on defendant’s track after, by the exercise of ordinary care, he could have seen said car approaching him, and that the motorman could have seen him thus negligently continuing to drive towards said car on said track in time, by the exercise of ordinary care, to have stopped said car and…
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Appeal from Jackson Circuit Court. — Hon. W. 0. Thomas, Judge. It having been established that plaintiff’s husband was injured by reason of the fact that he negligently continued to drive on defendant’s track after, by the exercise of ordinary care, he could have seen said car approaching him, and that the motorman could have seen him thus negligently continuing to drive towards said car on said track in time, by the exercise of ordinary care, to have stopped said car and prevented injury to plaintiff’s husband, the plea of contributory negligence set up in defendant’s answer constitute no…
1Opinion of the CourtBroaddus, P. J.
The plaintiff sues to recover damages she sustained, as the wife of Ira Barnard who was injured by the alleged negligence of defendant on the 7th day of September, 1907. The injury occurred in the nighttime on Westport avenue in Kansas City. At the time in question plaintiff’s husband was driving his wagon west on said avenue, which runs east and west, and when about midway between Mill and Summit streets which intersect said avenue he came in collision with one of defendant’s cars going east. He was throAvn from his wagon by the effect of the collision and injured. Barnard was driving along…
2Cases cited1 opinion
- Barnard v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1909