Lehner v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ho». W. B. Teasdale, Judge. (1) The only allegation of negligence in the petition is that the'agents and servants of the defendant in charge of the car carelessly and negligently started the same with a sndden and violent jerk and lurch, thereby causing plaintiff to be injured. There is no evidence to sustain this allegation. Bartley v. Railroad, 148 Mo. 140; Pryor v. Railroad, 85 Mo.
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Appeal from Jackson Circuit Court. — Ho». W. B. Teasdale, Judge. (1) The only allegation of negligence in the petition is that the'agents and servants of the defendant in charge of the car carelessly and negligently started the same with a sndden and violent jerk and lurch, thereby causing plaintiff to be injured. There is no evidence to sustain this allegation. Bartley v. Railroad, 148 Mo. 140; Pryor v. Railroad, 85 Mo. App. 379; Saxton v. Railroad, 72 S. W. 720; Portuchek v. Railroad, 74 S. W. 368. (2) There is a fatal variance between the pleading and the proof. McManamee v. Railroad, 135…
1Opinion of the CourtBroaddus, P. J.
— This is a suit for damages for personal injuries claimed to have been sustained by plaintiff on the ground of alleged negligence of defendant. The petition states that on or about the 15th day of May, 1902, while taking passage on one of defendant’s cable cars on Fifteenth street in Kansas City, Missouri, the plaintiff, “stepped from the ground up and on to the first step of the rear of said car; that while in the act of stepping from the said first step of defendant’s said car up and on to the rear platform of said car, and before plaintiff had an opportunity or time to reach a place of…
2Cases cited3 opinions
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Bartley v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1899
- Grace v. St. Louis RailroadSupreme Court of Missouri · 1900
3Cited by6 opinions
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- Downs v. Racine-Sattley Co.Missouri Court of Appeals · 1914
- Denver City Tramway Co. v. HillsSupreme Court of Colorado · 1911
- Forrester v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Cramer v. Springfield Traction Co.Missouri Court of Appeals · 1905
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