Reynolds v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The questions with reference to the number of people that cross and are on the streets and crossings at the point of accident, and the answers that it was a populated portion of the business district and a great many people travel about there, was immaterial and inadmissible. Objection thereto should have been sustained and the error was material. The same was not pleaded. 14 Ency.
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Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The questions with reference to the number of people that cross and are on the streets and crossings at the point of accident, and the answers that it was a populated portion of the business district and a great many people travel about there, was immaterial and inadmissible. Objection thereto should have been sustained and the error was material. The same was not pleaded. 14 Ency. Pleading and Practice, pp. 331, 332, notes 1, 2 and 3, p. 332; Gurley v. Railway, 93 Mo. 445; Lee v. Hame, 6 Mo. App. 578; 29 Cyc., p. 565;…
1Opinion of the CourtJohnson, J.
Plaintiff was struck and injured by an electric car operated on ohe of defendant’s street railway tracks in Kansas City, and alleges that his injury was caused by the negligence of defendant. The answer was a general .denial and a plea of contributory negligence. The cause was tried to a jury and is before us on the appeal of defendant from a judgment in the sum of one thousand dollars.
The injury occurred shortly before eight o’clock in the morning of March 31, 1906, at the intersection of Main and Tenth streets in the central part of the business district of Kansas City. Main street runs…
2Cases cited3 opinions
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Smith v. First National BankMassachusetts Supreme Judicial Court · 1868
- Greene v. DavisMissouri Court of Appeals · 1906
3Cited by3 opinions
- Lewis v. HubertMissouri Court of Appeals · 1975
- Moore v. St. Louis Southwestern Railway CompanyMissouri Court of Appeals · 1957
- Moore v. St. Louis Southwestern Railway CompanyMissouri Court of Appeals · 1957