Kirkpatrick v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court.— Hon. W. B. Teasdale, Judge. (1) Tke court erred in the admission in evidence, on the part of plaintiff, of the petition, answer and amended answer of W. B. Reaburn v. this defendant and J. M. Capps: (a) There was no proof that the plaintiff in the Reabnrn ease was the conductor on the car which was derailed, and in which respondent was a passenger, (b) The petition in the Reaburn case could not possibly have been competent for any purpose,…
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Appeal from Jackson Circuit Court.— Hon. W. B. Teasdale, Judge. (1) Tke court erred in the admission in evidence, on the part of plaintiff, of the petition, answer and amended answer of W. B. Reaburn v. this defendant and J. M. Capps: (a) There was no proof that the plaintiff in the Reabnrn ease was the conductor on the car which was derailed, and in which respondent was a passenger, (b) The petition in the Reaburn case could not possibly have been competent for any purpose, since it in no way bound the defendant, (c) The answer and amended answer were incompetent for the reason that they…
1Opinion of the Court
"WOODSON, J.
— This suit was begun in the circuit court of Jackson county by the respondent against the appellant to recover the sum of $5,000' damages, as compensation for injuries sustained by her through the alleged negligence of the latter.
The appellant was a common carrier, and respondent was a passenger upon one of its cars at the time the injuries were received.
Plaintiff pleaded specific acts of negligence, and the allegation is as follows:
“(2). That at a point just east of the intersection of Haskell Avenue with Sherman street, said railway is elevated upon a high trestle; that for a…
2Cases cited9 opinions
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Williamson v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- City of St. Louis v. United Railways Co.Supreme Court of Missouri · 1915
- Porter v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1925
- Tryon v. CaseyMissouri Court of Appeals · 1967
- Gardner v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
6 more not listed; retrieve them via the Exa API.