Corum v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Brumback, Judge. (1) Plaintiff’s injuries are due to her own negligence and not to the negligence of the defendant, as appears from the overwhelming weight of the evidence. Friesz v. Fallon, 24 Mo. App. 439; ELickman v. Railroad, 47 M'o. App. 65; Walton v. Railroad, 40 Mo. App. 544; Weaver v. Railway, 60 Mo. App. 210. (2) The verdict is excessive. Stoetzel v. Swearingen, 90 Mo.
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Appeal from Jackson Circuit Court. — Hon. Hermann Brumback, Judge. (1) Plaintiff’s injuries are due to her own negligence and not to the negligence of the defendant, as appears from the overwhelming weight of the evidence. Friesz v. Fallon, 24 Mo. App. 439; ELickman v. Railroad, 47 M'o. App. 65; Walton v. Railroad, 40 Mo. App. 544; Weaver v. Railway, 60 Mo. App. 210. (2) The verdict is excessive. Stoetzel v. Swearingen, 90 Mo. App. 588; Haynes v. Trenton, 108 Mo. 123. (3) The court erred in giving plaintiff’s instruction on the measure of damages. (a) Undue prominence is given to the extent…
1Opinion of the CourtEllison, J.
Plaintiff became a passenger on one of defendant’s cable cars and claims that she was injured through the careless management of the car by defendant’s servants. She recovered judgment for four thousand dollars.
This case is here on a second appeal. It will be found reported in 113 Mo. App. 631, where a statement of the facts can be had. It is there shown that plaintiff was thrown to the street and severely injured by reason of the car being started while she was in the act of alighting therefrom. It will likewise be seen *497that we deemed she had a good cause of action, if properly proven, and…
2Cases cited7 opinions
- Rattan v. Central Electric Railway Co.Missouri Court of Appeals · 1906
- Hurley v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Fullerton v. CarpenterMissouri Court of Appeals · 1902
- State v. WoodwardMissouri Court of Appeals · 1903
- Corum v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
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