Blackwell v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. Slower, Judge. (1) There was an entire failure of proof on the part of the plaintiff and the ruling of the court overruling defendant’s demurrer to plaintiff’s evidence was error, but as defendant introduced evidence in defense we refer this court to the entire evidence in the case and make the point that the evidence wholly fails to prove plaintiff’s cause of action, and defendant’s demurrer to the evidence at the close of…
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Appeal from Jackson Circuit Court. — Hon. James H. Slower, Judge. (1) There was an entire failure of proof on the part of the plaintiff and the ruling of the court overruling defendant’s demurrer to plaintiff’s evidence was error, but as defendant introduced evidence in defense we refer this court to the entire evidence in the case and make the point that the evidence wholly fails to prove plaintiff’s cause of action, and defendant’s demurrer to the evidence at the close of all the evidence and request to instruct the jury to find a verdict for the defendant should have been sustained and it…
1Opinion of the CourtEllison, J.
— Plaintiff was injured by falling from one of defendant’s street cars as he was preparing to alight therefrom. He alleged that his fall was caused by defective condition in the platform of the car. He brought this action for damages and recovered judgment in the trial court.
There was evidence tending to prove that plaintiff took two bundles with him on the car, which he left on the back platform. That as the car approached the street crossing where he was to get off he came out onto the rear platform, took a bundle in each hand and approached the side of the platform next to the steps, when…
2Cases cited1 opinion
- Harless v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1907
3Cited by3 opinions
- Sandler v. SchmidtSupreme Court of Missouri · 1953
- O'Donnell v. McElroyMissouri Court of Appeals · 1911
- Shannon Commission Co. v. RedmanMissouri Court of Appeals · 1915