Ross v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James; Gibson, Judge. (1) The-court erred in submitting tbe issues tendered by tbe plaintiff to tbe jury, for tbe reason that under tbe evidence tbe court should have declared as a matter of law there could be no recovery. Unless: it be the law, that a party can recover who negligently runs into a train tbe cause ought not to have been submitted.
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Appeal from Jackson Circuit Court. — Hon. James; Gibson, Judge. (1) The-court erred in submitting tbe issues tendered by tbe plaintiff to tbe jury, for tbe reason that under tbe evidence tbe court should have declared as a matter of law there could be no recovery. Unless: it be the law, that a party can recover who negligently runs into a train tbe cause ought not to have been submitted. Boyd v. Railway, 105 Mo. 380; Watson v. Railway, 133-Mo. 250, 252; Payne v. Railway, 136 Mo. 585; Tanner v. Railway, 161 Mo. 497; Holwerson v. Railway, 157 Mo. 216; Ries v. Transit Co., 179 Mo. 1; Moore v.…
1Opinion of the CourtJohnson, J.
— Action to recover damages for personal injuries alleged to have been caused by defendant’s negligence. Judgment was for plaintiff in the sum of two thousand dollars. The refusal of the trial court to direct a verdict for defendant is assigned as error. The pertinent facts disclosed by the evidence are as follows:
On the evening of July 20, 1901, plaintiff was injured at the intersection of Fifteenth and Holmes streets, two public thoroughfares in Kansas City. Two lines of cable cars operated by defendant had their junction at that place. One, the “Fifteenth street line,” ran east and west on…
2Cases cited11 opinions
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Holden v. Missouri RailroadSupreme Court of Missouri · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Heigold v. United Railways CompanySupreme Court of Missouri · 1925
- Cole v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- State Ex Rel. Vogt v. ReynoldsSupreme Court of Missouri · 1922
- Grout v. Central Electric Railway Co.Missouri Court of Appeals · 1907
- Everett v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
9 more not listed; retrieve them via the Exa API.