Wagner v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Herman ,■ Brumback, Judge. (1) There is no evidence that the car conld have been stopped with dne regard to the safety of the passengers after plaintiff entered the danger zone and defendant’s demurrers to the evidence should have been sustained. Gabriel v. Railroad, 130 Mo. App. 1. c. 656; McKenna v. Railroad, 54 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Herman ,■ Brumback, Judge. (1) There is no evidence that the car conld have been stopped with dne regard to the safety of the passengers after plaintiff entered the danger zone and defendant’s demurrers to the evidence should have been sustained. Gabriel v. Railroad, 130 Mo. App. 1. c. 656; McKenna v. Railroad, 54 Mo. App. 161; "White v. Railroad, 202 Mo. 1. c. 555; Cytron v. Transit Co., 205 Mo. 1. c. 716; Bunyan v. Railroad, 127 Mo. 1. c. 18; Williams v. Railroad, 114 Mo. App. 1. c. 8. (a) The court erred in submitting improper and illegal…
1Opinion of the Court
JOHNSON, J. —
Defendant operates a double track electric street railway in Kansas City, Missouri, and on the 14th of March, 1908, one' of its cars ran against plaintiff, knocked him down and ran over his arm, injuring it so that it was necessary to amputate it two or three inches below the elbow. He charged defendant with negligence and brought this action for damages. He recovered judgment in the trial court.
Plaintiff was a child between two and three years of age and in consequence no contributory negligence is to be attributed- to him; and the sole inquiry, in respect to negligence, is…
2Cases cited7 opinions
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Waddell v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- Childress v. Southwest Missouri RailroadMissouri Court of Appeals · 1910
- Simon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1910
- Edwards v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Rockenstein v. RogersSupreme Court of Missouri · 1930