Legal Opinion

Lange v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided November 21, 1910PublishedCited by 2 opinions

Appeal from Jackson Circuit Court. — Eon. John G. Park, Judge. (1) Statements of witnesses contradictory of general knowledge, or opposed to physical facts, or contrary to the operation and effect of natural forces, should not be accepted by any court. Scroggins v. Railroad, 120 S. W. 731; Curley v. Railroad, 104 Mo. 211; Hunter v. Railroad, 23 N. E. 9'; Nugent v. Milling Co., 131 Mo. 241; DeMaet v. Storage Co., 121 Mo. App. 92; Stafford v. Adams, 113 Mo.

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Appeal from Jackson Circuit Court. — Eon. John G. Park, Judge. (1) Statements of witnesses contradictory of general knowledge, or opposed to physical facts, or contrary to the operation and effect of natural forces, should not be accepted by any court. Scroggins v. Railroad, 120 S. W. 731; Curley v. Railroad, 104 Mo. 211; Hunter v. Railroad, 23 N. E. 9'; Nugent v. Milling Co., 131 Mo. 241; DeMaet v. Storage Co., 121 Mo. App. 92; Stafford v. Adams, 113 Mo. App. 717. (2) A passenger riding in a place not intended for passengers to ride, or in a way and manner not intended for them to ride, is…

1Opinion of the CourtBroaddus, P. J.

This is a. suit for damages alleged to have been sustained by plaintiff as a result of the defendant’s negligence.

The undisputed facts are, that on the 15th day of July, 1907, the plaintiff was a passenger on one of defendant’s street cars, north bound, on McGee street in Kansas City, Missouri. The car was operated by electricity, was of somewhat light construction with seats for passengers extending lengthwise along the sides of the interior.

According to plaintiff’s statement he was seated on the east side of the car with his arm resting on the window sill looking west for a paper house, the…

2Cases cited3 opinions

  1. Miller v. St. Louis RailroadMissouri Court of Appeals · 1878
  2. Gage v. St. Louis Transit Co.Supreme Court of Missouri · 1908
  3. Smith v. St. Louis Transit Co.Missouri Court of Appeals · 1906

3Cited by2 opinions

  1. Oklahoma Union Ry. Co. v. LynchSupreme Court of Oklahoma · 1925
  2. Logan v. United Railways Co.Missouri Court of Appeals · 1912

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