Weber v. Kansas City Cable Railway Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court.—Hon. J. M. Sandusky, Judge. (1) Defendant’s objection to the introduction of any evidence ought to have been sustained. The petition shows that plaintiff was guilty of contributory negligeñce, in stepping from a rapidly moving train in front of another, approaching at the same rate of speed, from the opposite direction.
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Appeal from Clay Circuit Court.—Hon. J. M. Sandusky, Judge. (1) Defendant’s objection to the introduction of any evidence ought to have been sustained. The petition shows that plaintiff was guilty of contributory negligeñce, in stepping from a rapidly moving train in front of another, approaching at the same rate of speed, from the opposite direction. Leslie v. Railroad, 88 Mo. 50; Nelson v. Railroad, 68 Mo. 596. (2) The court admitted incompetent evidence, viz., section 3, page 288, of printed ordinances of City of Kansas. It applied to horse cars only, and had. no application to defendant.…
1Opinion of the CourtBlack, J.
The plaintiff recovered a verdict for thirteen thousand and two hundred dollars, and on the suggestion of the trial court remitted a part and accepted a judgment for ten thousand dollars, to reverse which the defendant appealed. The defendant at the close of the plaintiff’s evidence submitted a demurrer to the evidence, and asked a like instruction at the close of all of the evidence, both of which were refused. These instructions present the question whether the court should have taken the case from the jury.
The facts disclosed by the plaintiff ’ s evidence are in substance these: The…
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2Cases cited7 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Dewald v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1890
36 more not listed; retrieve them via the Exa API.