Turnbow ex rel. Turnbow v. Dunham
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Kimbrough Stone, Judge. (1) The use of the words “person” and “persons” approaching the tracks of a street car, in respondents’ instruction, does not express the law of this case, but the contrary. And the use of the word persons in defendant’s instruction number six also erroneously directed the jury in the case at bar. Simon v. Railroad, 231 Mo. 74; Childers v. Railroad, 141 Mo.
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Appeal from Jackson Circuit Court. — Hon. Kimbrough Stone, Judge. (1) The use of the words “person” and “persons” approaching the tracks of a street car, in respondents’ instruction, does not express the law of this case, but the contrary. And the use of the word persons in defendant’s instruction number six also erroneously directed the jury in the case at bar. Simon v. Railroad, 231 Mo. 74; Childers v. Railroad, 141 Mo. App. 684. (2) There was no evidence to support instruction given for defendant to sustain the proposition that the motorman took precautions to avoid injuring the child, at…
1Opinion of the CourtWilliams, J.
Plaintiff, a minor three years of age, sues, by next friend,.to recover the sum of thirty thousand dollars for the loss of both feet. The injury is alleged to have been caused by the negligence of the defendant in the operation of its street car. Trial was had in the circuit court of Jackson County, at Independence, resulting in a verdict for the defendant. Plaintiff has duly appealed.
The evidence was substantially as follows:
*58The injury occurred about six p. m., March 29, 1912, near the point where the east line of Union Street intersects Lexington Street at Independence, Missouri. Lexington…
2Cases cited4 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Wise v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Simon v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1910
- Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
3Cited by12 opinions
- Hogan v. Kansas City Public Service Co.Supreme Court of Missouri · 1929
- Steffen Ex Rel. Steffen v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1932
- State Ex Rel. Berberich v. HaidSupreme Court of Missouri · 1933
- Biskup Ex Rel. Biskup v. HoffmanMissouri Court of Appeals · 1926
- Causey v. WittingSupreme Court of Missouri · 1928
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