Werner v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The court committed error in overruling defendant’s demurrer to plaintiff’s evidence. (2) The evidence does not prove or tend to prove that the negligence alleged in the petition was the proximate cause of the injury, hut leaves it to bare conjecture. (3) The evidence shows that plaintiff assumed the risk of injury arising from the work in which he was engaged at the time of the accident.
1Opinion of the CourtJohnson, J.
— Action by a servant against his master to recover damages for personal injuries alleged to have been caused by the negligence of the master. Plaintiff had judgment for $3,000, and defendant appealed.
Defendant operates a street railway system in Kansas City using electricity for motive power and at the time of the injury, August 8, 1907, maintained a car barn at Eighteenth and Olive streets. A damaged car had been run into the barn for repairs. It had been raining and the car was wet. The trolley pole had been bent in the middle accidentally to a Y shape with the *3apex pointing upward and the…
2Cases cited1 opinion
- Byerly v. Consolidated Light, Power & Ice Co.Missouri Court of Appeals · 1908
3Cited by4 opinions
- Evans v. General Explosives Co.Supreme Court of Missouri · 1922
- Hayes v. Sheffield Ice Co.Supreme Court of Missouri · 1920
- Atherton v. Kansas City Power & Light Co.Supreme Court of Missouri · 1947
- Houston Lighting & Power Co. of 1905 v. BarnesCourt of Appeals of Texas · 1912