Legal Opinion

Alten v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided October 5, 1908PublishedCited by 1 opinion

Appeal from Jackson Circuit Court. — Hon. Frank P. Walsh, Special Judge. (1) The court erred in refusing to give defendant’s peremptory instruction, asked at the close of plaintiff’s evidence and renewed at the close of all the evidence. Bond v. Railroad, 110 Mo. App. 138. (2) The court erred in giving each of the following instructions, to-wit: Instructions 1, 2, 3, 4 and 5, on behalf of the plaintiff. As to instruction one, Cramer v. Transit Co., 112 Mo.

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Appeal from Jackson Circuit Court. — Hon. Frank P. Walsh, Special Judge. (1) The court erred in refusing to give defendant’s peremptory instruction, asked at the close of plaintiff’s evidence and renewed at the close of all the evidence. Bond v. Railroad, 110 Mo. App. 138. (2) The court erred in giving each of the following instructions, to-wit: Instructions 1, 2, 3, 4 and 5, on behalf of the plaintiff. As to instruction one, Cramer v. Transit Co., 112 Mo. App. 363. (3) The court erred in admitting the folloAving evidence over defendant’s objections, to-Avit: Evidence of the statements of the…

1Opinion of the CourtJohnson, J.

Plaintiff Avas thrown from a street car from Avhich she Avas alighting and sustained personal injuries. She alleges that her fall Avas caused by the negligence of defendant in prematurely starting the car Avhile she Avas in the act of alighting. The answer is a general denial and a plea “that if plaintiff received any injuries at the time mentioned in said petition, the same were caused by plaintiff’s own fault and negligence.” The trial of the cause resulted in a judgment for plaintiff for seven hundred and fifty dollars, and defendant appealed.

The injury occurred December 1, 1905, at about…

2Cases cited3 opinions

  1. Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
  2. Green v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
  3. Hurley v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906

3Cited by1 opinion

  1. Smith v. East St. Louis Railway Co.Missouri Court of Appeals · 1939

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