Burbridge v. Kansas City Cable Railroad
Court of Appeals of Kansas
Appeal from the JacTcson Circuit Court. — Hon. Turner A. Gtill, Judge. (1) The court should have sustained the demurrer to the testimony at the close of plaintiff’s case, for the reason that it was not proven that defendant was operating the cars by which plaintiff claims to have been injured, at the time of the injury or at any time neither was this proof supplied by any testimony introduced by defendant.
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Appeal from the JacTcson Circuit Court. — Hon. Turner A. Gtill, Judge. (1) The court should have sustained the demurrer to the testimony at the close of plaintiff’s case, for the reason that it was not proven that defendant was operating the cars by which plaintiff claims to have been injured, at the time of the injury or at any time neither was this proof supplied by any testimony introduced by defendant. This was a material fact alleged in the petition, denied by the answer, and not proven. The attention of the lower court was duly called to it in the motion for a new trial. Gilbert v.…
1Opinion of the CourtSmith, P. J.
— This was an action instituted in the circuit court of Jackson county by the plaintiff against the defendant company to recover ten thousand dollars *676damages for personal injuries alleged to have been occasioned by the negligence of defendant.
The petition contained two counts, though alleging but one cause of action. The answer was a general denial and contributory negligence.
At the trial the plaintiff, to maintain the issue, introduced evidence tending to show that on the night of September 9, 1887, he, with three other persons, entered a car of defendant at “Union Depot” to go to the…
2Cases cited14 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- McDonald v. Chicago & N. W. R. R.Supreme Court of Iowa · 1868
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Brinkman v. HunterSupreme Court of Missouri · 1880
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Pennsylvania Co. v. McCaffreyIllinois Supreme Court · 1898
- Atlanta Consolidated Street Ry. Co. v. BatesSupreme Court of Georgia · 1898
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Kinzel v. Boston & Duluth Farm Land Co.Supreme Court of Minnesota · 1914
- Asphalt & Granitoid Construction Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1903
3 more not listed; retrieve them via the Exa API.