Pickens v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court.— Hon. James H. Slover, Judge. • (1) The court erred in not giving the peremptory instruction as requested by defendant at the close of the testimony. The proof was overwhelming that plaintiff attempted to alight from the car before it had stopped — before, in fact, it had reached its stopping place, and under these circumstances this was such contributory negligence as to prevent a recovery.
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Appeal from Jackson Circuit Court.— Hon. James H. Slover, Judge. • (1) The court erred in not giving the peremptory instruction as requested by defendant at the close of the testimony. The proof was overwhelming that plaintiff attempted to alight from the car before it had stopped — before, in fact, it had reached its stopping place, and under these circumstances this was such contributory negligence as to prevent a recovery. (2) The amount of the verdict, and the fact that it was for plaintiff at all, with the testimony so overwhelmingly against her, shows that the jury were influenced by…
1Opinion of the CourtJohnson, J.
Plaintiff was injured as the result of an attempt to alight frota an electric car operated by defendant on its Fifteenth street line of street railway in Kansas City, and sues to recover damages on the charge that her injury was directly caused by the negligence of defendant. She recovered judgment in the sum of three thousand dollars and the cause is here on defendant’s appeal. Defendant presents but one ground for a reversal of the judgment — that the court erred in refusing its request for an instruction directing a verdict in its favor, and, in support thereof, argues that the judgment is…
2Cases cited2 opinions
- Lang v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1906
- Lehnick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
3Cited by11 opinions
- Piehler Ex Rel. Schultz v. Kansas City Public Service Co.Supreme Court of Missouri · 1948
- Allen v. DunhamMissouri Court of Appeals · 1915
- Cartlich v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Hurley v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1913
- Winkle v. George B. Peck Dry Goods Co.Missouri Court of Appeals · 1908
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