Nipper v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Wm. B. Teasdale, Judge. (1) Defendant’s first instruction ignores the last chance doctrine. Davis v. Mann, 10 M. & W. 546; Huelsenkamp v. Railroad, 37 Mo. 537. (2) Defendant’s seventh instruction is opposed to every principle of the last chance doctrine. Waddell v. Railroad, 113 Mo. App. 685; Cole v. Railroad, 121 Mo.
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Appeal from Jackson Circuit Court. — Hon. Wm. B. Teasdale, Judge. (1) Defendant’s first instruction ignores the last chance doctrine. Davis v. Mann, 10 M. & W. 546; Huelsenkamp v. Railroad, 37 Mo. 537. (2) Defendant’s seventh instruction is opposed to every principle of the last chance doctrine. Waddell v. Railroad, 113 Mo. App. 685; Cole v. Railroad, 121 Mo. App. 612; Eppstein v. Railroad, 197 Mo. 737. (1) Appellants cannot complain that, respondent’s first instruction submitted the issue of plaintiffs’ contributory negligence, where appellants in two instructions submitted the same issue.…
1Opinion of the CourtJohnson, J.
This is a statutory action prosecuted by plaintiffs* who are husband and wife, to recover five thousand dollars as a penalty for the alleged negligent killing of their seven-year-old son, Herman Albert Nipper, by a street car operated by defendant on Fifth street in Kansas City. The answer was a general denial and a plea of contributory negligence on the part of the child. A trial to a jury resulted in a verdict and judgment for defendant. An appeal was allowed plaintiffs to the Supreme Court but under the recent act of the Legislature increasing the jurisdiction of the courts of appeals, the…
2Cases cited1 opinion
- Grout v. Central Electric Railway Co.Missouri Court of Appeals · 1907
3Cited by3 opinions
- Burke Ex Rel. Burke v. PappasSupreme Court of Missouri · 1927
- Welland v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910
- Gaedis ex rel. Gaedis v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912