Ripley v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court . — Eon. Walter A. Powell, Judge. (1) Defendant was not guilty of any negligence. Aldrich y. Transit Co., 101 Mo. App. 77; Rissler v. Transit Co., 113 Mo. App. 120. (2) Plaintiff was guilty of contributory negligence. He swears he saw both lights one block away, knew that they meant obstructions in the street, yet rushed along on the left-hand side of the street and ran into the hole. Smith y.
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Appeal from Jackson Circuit Court . — Eon. Walter A. Powell, Judge. (1) Defendant was not guilty of any negligence. Aldrich y. Transit Co., 101 Mo. App. 77; Rissler v. Transit Co., 113 Mo. App. 120. (2) Plaintiff was guilty of contributory negligence. He swears he saw both lights one block away, knew that they meant obstructions in the street, yet rushed along on the left-hand side of the street and ran into the hole. Smith y. Jackson, 106 Mich. 136, 63 N. W. 982; Morgan v. Penn Yan, 59 N. Y. Supp. 504. (3) Even if plaintiff does not see his danger, but by the exercise of ordinary care he…
1Opinion of the CourtEllison, J.
Plaintiffs automobile was broken and injured by falling into an excavation made by defendant in a street in Kansas City, while being propelled by plaintiff in the nighttime. He charged defendant with negligence in failing to sufficiently guard the excavation, and recovered judgment in the trial court.
Defendant is a street railway company maintaining and operating a double-track street railway in Kansas City. The tracks on Independence avenue run east and Avest and in maintaining them it became necessary for defendant to excavate a distance of about fifty feet in the south track to a depth of…
2Cases cited5 opinions
- Godfrey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Carty v. Boeseke-Dawe Co.California Court of Appeal · 1906
- Citizens' Gas & Electric Co. v. NicholsonCourt of Appeals for the Eighth Circuit · 1907
- Karrer v. City of DetroitMichigan Supreme Court · 1905
- Keithley v. City of IndependenceMissouri Court of Appeals · 1906