Quinley v. Springfield Traction Co.
Missouri Court of Appeals
Appeal - from Greene Circuit Court. — Eon. Arch A. Johnson, Judge. (1) The petition does not state a cause of action. It nowhere charges a negligent act, nor charges an act to have been done negligently or carelessly. Thurmond v. Ash Grove Co., 125 Mo. App. 73; Rawson v. K. C. Co., 129 Mo. App. 613. (2) The petition is not bottomed on the humanitarian doctrine, nor does the evidence warrant a recovery on such theory. Grout v. Railroad, 125 Mo.
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Appeal - from Greene Circuit Court. — Eon. Arch A. Johnson, Judge. (1) The petition does not state a cause of action. It nowhere charges a negligent act, nor charges an act to have been done negligently or carelessly. Thurmond v. Ash Grove Co., 125 Mo. App. 73; Rawson v. K. C. Co., 129 Mo. App. 613. (2) The petition is not bottomed on the humanitarian doctrine, nor does the evidence warrant a recovery on such theory. Grout v. Railroad, 125 Mo. App. 552-561. (3) The negligence of plaintiff was clearly the proximate cause of the injury, hence the humanitarian doctrine does not apply and…
1Opinion of the CourtFarrington, J.
Suit for personal injuries. Plaintiff recovered verdict and judgment for two thousand dollars. Defendant has perfected an appeal to this court.
The plaintiff’s petition is based solely upon the humanitarian doctrine. The answer consists of a general denial, and a special defense which is in the nature of a general denial, admitting defendant’s incorporation, and alleging that plaintiff walked upon the track of the defendant in front of an approaching street car and so close thereto that the same could not by the exercise of ordinary care be stopped in time to have prevented the collision. At…
Also in this document: Concurrence.
2Cases cited30 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Henze v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
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3Cited by14 opinions
- Cazzell v. SchofieldSupreme Court of Missouri · 1928
- Morris v. Atlas Portland Cement Co.Supreme Court of Missouri · 1929
- Clark v. Union Pac. R. Co.Utah Supreme Court · 1927
- Krause v. PitcairnSupreme Court of Missouri · 1942
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
9 more not listed; retrieve them via the Exa API.