Anderson v. Union Terminal Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. TI. Slover, Judge. (1) (a) The court erred in permitting plaintiff, against defendants’ objections, to read in evidence section 3 of ordinance 833, and ordinance 522, of Kansas City, Kansas. By these ordinances, a civil liability was sought to be created, in favor of plaintiff against the defendants, in the absence of any averment in the petition that defendants had accepted said ordinances.
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Appeal from Jackson Circuit Court. — Hon. J. TI. Slover, Judge. (1) (a) The court erred in permitting plaintiff, against defendants’ objections, to read in evidence section 3 of ordinance 833, and ordinance 522, of Kansas City, Kansas. By these ordinances, a civil liability was sought to be created, in favor of plaintiff against the defendants, in the absence of any averment in the petition that defendants had accepted said ordinances. The admission of the ordinances in evidence was therefore error. Sanders v. Railroad, 48 S. W. Rep. 855; Byington v. Railroad, 49 S. W. Rep. 840. (b) The…
1Opinion of the CourtRobinson, J.
This action is brought by the plaintiff, Otto Anderson, a minor, by his next friend, against the Union Terminal Railroad company and the Kansas City Suburban Belt Railroad company, for personal injuries received by him on December 1, 1895, on Ohio avenue between Wood street and Armstrong avenue, in Kansas City, Kansas. The'injury, it is claimed, was occasioned through the alleged negligence of defendants in placing upon and maintaining in said street a pile of cinders and ashes. The cause was tried before a jury, and plaintiff recovered a judgment of $6,500. Erom this judgment defendants…
2Cases cited26 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Owens v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1888
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
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3Cited by36 opinions
- Jackson ex rel. Jackson v. ButlerSupreme Court of Missouri · 1913
- Fuller v. RobinsonSupreme Court of Missouri · 1910
- Gesas v. Oregon Short Line R.Utah Supreme Court · 1907
- Heinzle v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Warren v. Kansas CitySupreme Court of Missouri · 1953
31 more not listed; retrieve them via the Exa API.