Benjamin v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. John W. Henky, Judge. (1) There was error in each ruling of the court below upon each objection made to each of the following questions: 14 to 44 inclusive. First. Such questions take the case from the jury and submit it to the witnesses. Eubank v.'Edina, 88 Mo. 650, 655; Gavisk v. Railroad, 49 Mo. 274, 277; Gutridge v. Railroad, 94 Mo. 468, 472; Muff v. Railroad, 22 Mo. App. 584; Belch v. Railroad, 18 Mo. App. 80. Second.
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Appeal from the Jackson Circuit Court. — Hon. John W. Henky, Judge. (1) There was error in each ruling of the court below upon each objection made to each of the following questions: 14 to 44 inclusive. First. Such questions take the case from the jury and submit it to the witnesses. Eubank v.'Edina, 88 Mo. 650, 655; Gavisk v. Railroad, 49 Mo. 274, 277; Gutridge v. Railroad, 94 Mo. 468, 472; Muff v. Railroad, 22 Mo. App. 584; Belch v. Railroad, 18 Mo. App. 80. Second. Whether a certain portion of the walk was safe or dangerous was not for the witnesses to say, even though they were experts.…
1Opinion of the CourtSmith, P. J.
— The plaintiffs instituted this suit against the defendant company to recover damages for personal injuries sustained by plaintiff, Rosalia Benjamin, who is the wife of the other plaintiff, by falling into a scuttle-hole placed and maintained by defendant for its private use in a sidewalk adjoining its power house in Kansas City. The plaintiff had judgment in the court below, and defendant has appealed.
To maintain the issue , in her behalf the plaintiff called an architect, and several civil and mechanical engineers as expert witnesses and submitted to them *608a number of hypothetical cases for…
2Cases cited33 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Prather v. McClellandTexas Supreme Court · 1890
- Saint Louis, Arkansas & Texas Railway Co. v. JohnstonTexas Supreme Court · 1890
- Guetig v. StateIndiana Supreme Court · 1879
- Gregory v. ChambersSupreme Court of Missouri · 1883
28 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
- De Donato v. WellsSupreme Court of Missouri · 1931
- Patterson v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Ridenour v. Wilcox Mines Co.Missouri Court of Appeals · 1912
- Pryor v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1900
13 more not listed; retrieve them via the Exa API.