Legal Opinion

Boggess v. Metropolitan Street Railway Co.

Supreme Court of Missouri

Decided November 27, 1893PublishedCited by 19 opinions

Error to Jackson Circuit Cottrt. — Hon. R. H. Field, Judge.- (1) The court erred in refusing instructions asked 'by plaintiff, numbered 1 to 7 inclusive, and also erred in giving instructions 1 to 15 of its own motion. .(2) 'The law presumes that plaintiff was free from negli.gence, and in the exercise of ordinary care-at the time of the injury; there was no evidence to the contrary.

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Error to Jackson Circuit Cottrt. — Hon. R. H. Field, Judge.- (1) The court erred in refusing instructions asked 'by plaintiff, numbered 1 to 7 inclusive, and also erred in giving instructions 1 to 15 of its own motion. .(2) 'The law presumes that plaintiff was free from negli.gence, and in the exercise of ordinary care-at the time of the injury; there was no evidence to the contrary. Hence the court erred in giving the instruction numbered 13. Buesching v. Gaslight Co., 73Mo. 219; Fair-grieve v. Moberly, 29 Mo. App. 141; Craighead v. Wells, 21 Mo. 4Ó4; Carlisle v. Hill, 16 Ala. 398; Donovan…

1Opinion of the Court

Brace J.

This is an action for damages for personal injuries in which the plaintiff obtained a verdict, and judgment for $1,000, to reverse which he brings, the case here by writ of error. ■

The substantial averments of the petition are that, the defendant is a corporation operating a cable street, railway on and along Main and other streets in the City *332•of Kansas; that on the twenty-third of January, 1890, while the plaintiff was passing over the defendant’s track on Main street, he stepped upon the covering of ■a pit or manhole, maintained by the defendant between its tracks for the purposes…

2Cases cited17 opinions

  1. Gregory v. ChambersSupreme Court of Missouri · 1883
  2. Whitsett v. RansomSupreme Court of Missouri · 1883
  3. Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
  4. Dowzelot v. RawlingsSupreme Court of Missouri · 1874
  5. State v. MillerSupreme Court of Missouri · 1890

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

3Cited by19 opinions

  1. Skidmore Ex Rel. Skidmore v. HaggardSupreme Court of Missouri · 1937
  2. Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
  3. Sofian Ex Rel. Sofian v. DouglasSupreme Court of Missouri · 1929
  4. Stipp v. Tsutomi KarasawaSupreme Court of Missouri · 1958
  5. Leahy v. DavisSupreme Court of Missouri · 1894

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

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