Ingles v. Metropolitan Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Eon. Thomas J. Seek or 11, Judge. (1) Where specific acts of negligence are pleaded, it devolves upon the plaintiff to prove the acts of negligence pleaded, and, if he recover at all, it must be on the specific acts of negligence pleaded, and not otherwise: Detrich v. Railroad, — Mr. App. —; Black v. Railroad, 217 Mo. 672; Beave v. Railroad, 111 S. W. 52; Kennedy v. Railroad, 128 Mo.
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Appeal from the Jackson Circuit Court. — Eon. Thomas J. Seek or 11, Judge. (1) Where specific acts of negligence are pleaded, it devolves upon the plaintiff to prove the acts of negligence pleaded, and, if he recover at all, it must be on the specific acts of negligence pleaded, and not otherwise: Detrich v. Railroad, — Mr. App. —; Black v. Railroad, 217 Mo. 672; Beave v. Railroad, 111 S. W. 52; Kennedy v. Railroad, 128 Mo. App. 297; Kirkpatrick v. Railroad, 211 Mo. 68; McGrath v. Railroad, 197 Mo. 97, 105; Bartley v. Railroad, 148 Mo. 124; Ferry v. Railroad, 162 Mo. 75, 96; Ely v. Railroad,…
1Opinion of the CourtJohnson, J.
Plaintiff alleges that he was injured by the . negligence of defendant and prays judgment for the resultant damages. The answer is a general denial and a plea of contributory negligence. Verdict and judgment were for. plaintiff in the sum of fifteen hundred dollars, and the case is here on the appeal of the defendant.
The injury was inflicted about 6:15 p. m., December 16, 1906. Plaintiff was a passenger on an eastbound electric street car operated by defendant on its Independence avenue line in Kansas City and intended to alight at Olive street. He did not go into the ear but stood in the…
2Cases cited2 opinions
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Oborn v. NelsonMissouri Court of Appeals · 1910
3Cited by5 opinions
- Vogelgesang v. WälderMissouri Court of Appeals · 1951
- Pendegrass v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Tyon v. Wabash Railway Co.Missouri Court of Appeals · 1921
- Campbell v. City of ChillicotheMissouri Court of Appeals · 1914
- Grout v. Central Electric RailroadMissouri Court of Appeals · 1910