Baskett v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The court erred in giving instruction, numbered 2-P for plaintiff. The question as to whether plaintiff was guilty of negligence in riding on an overcrowded car was one for the jury and not for the- court. 1 Thompson on Negligence, sec. 425; Corum v. Railroad, 113 Mo. App. 635; Mitchell v. Railroad, 108 Mo. App. 142; Groom v. Kavanaugh, 97 Mo.
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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The court erred in giving instruction, numbered 2-P for plaintiff. The question as to whether plaintiff was guilty of negligence in riding on an overcrowded car was one for the jury and not for the- court. 1 Thompson on Negligence, sec. 425; Corum v. Railroad, 113 Mo. App. 635; Mitchell v. Railroad, 108 Mo. App. 142; Groom v. Kavanaugh, 97 Mo. App. 362. (2) The court erred in giving instruction numbered 1 for plaintiff. (3) The court erred in. refusing defendant’s instruction “9-D.” Even though the same principle may have been…
1Opinion of the CourtBroaddus, P. J.
The plaintiff claims to have been injured on the 18th of January, 1905, as the result of the negligence of defendant while he was a passenger on one of the defendant’s streets cars, fpr which he *727claims damages. His evidence was that he hoarded the car in question at Eighth and Walnut streets in Kansas City, Missouri, and took a.position on the rear platform because the car was in a crowded condition; that the conductor made no objection to his riding on the platform; that after the car had gone about a half mile, and when it arrived at Woodland avenue, at which point there is a curve in the…
2Cases cited5 opinions
- Conrad v. De MontcourtSupreme Court of Missouri · 1897
- Johnson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1904
- Gerstle v. Union Pacific Railway Co.Missouri Court of Appeals · 1886
- Choate v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1896
- Kreimelmann v. JourdanMissouri Court of Appeals · 1904
3Cited by1 opinion
- Watts v. MoussetteSupreme Court of Missouri · 1935