Legal Opinion

Gumm v. Kansas City Belt Railway Co.

Missouri Court of Appeals

Decided February 7, 1910PublishedCited by 6 opinions

Appeal from Jackson Circuit Court. — Eon. Edw. P. Gates, Judge. (1) Plaintiff was guilty of contributory negligence as a matter of law. Payne v. Railroad, 136 Mo. 562; Kreis v. Railroad, 148 Mo. 321; Sanguinette v. Railroad, 196 Mo. 466; Hook v. Railroad, 162 M'o. 569; ■ Scbaub v. Railroad, 133 Mo. App. 444. (2) Tbe plaintiff’s instruction numbered 1 given at tbe request of plaintiff is erroneous. Culbertson v. Railroad, 140 Mo. 35; Crumpley v. Railroad, 98 Mo. 34; King r.

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Appeal from Jackson Circuit Court. — Eon. Edw. P. Gates, Judge. (1) Plaintiff was guilty of contributory negligence as a matter of law. Payne v. Railroad, 136 Mo. 562; Kreis v. Railroad, 148 Mo. 321; Sanguinette v. Railroad, 196 Mo. 466; Hook v. Railroad, 162 M'o. 569; ■ Scbaub v. Railroad, 133 Mo. App. 444. (2) Tbe plaintiff’s instruction numbered 1 given at tbe request of plaintiff is erroneous. Culbertson v. Railroad, 140 Mo. 35; Crumpley v. Railroad, 98 Mo. 34; King r. Railroad, 98 Mo. 235; Rapp v. Railroad, 106 Mo. 423; Anderson v. Railroad, 196 Mo. 442. (3) Tbe court erred in tbe…

1Opinion of the CourtJohnson, J.

Plaintiff sued to recover damages for the death of his wife which he alleges was caused by the negligence of defendant. A trial resulted in a verdict and judgment for plaintiff in the sum of $5,000, An appeal was allowed defendant to the Supreme Court, but the case was afterward transferred to this court under the recent Act of the Legislature increasing the jurisdiction of the Courts of Appeals.

The death of Mrs. Gumm occurred in the morning of July 20, 1904, at the intersection of Twentieth and Locust streets, public streets in Kansas City. The tracks of defendant’s railroad — three in…

2Cases cited8 opinions

  1. Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
  2. Hook v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
  3. Schmidt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
  4. Grout v. Central Electric Railway Co.Missouri Court of Appeals · 1907
  5. Waddell v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908

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3Cited by6 opinions

  1. Southern Ry. Co. v. WhaleyTennessee Supreme Court · 1936
  2. Paul v. United Railways Co.Missouri Court of Appeals · 1911
  3. State v. Great Northern Railway Co.North Dakota Supreme Court · 1926
  4. Zeis v. Great Northern Railway Co.North Dakota Supreme Court · 1931
  5. Heberer v. C. M. St. P. & P. Ry. Co.South Dakota Supreme Court · 1931

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