Shipley v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) , Deceased was guilty of absolute recklessness, in coming upon or walking along the track, at the time and place of accident, and tbe plaintiffs, by reason thereof,- are not entitled to maintain this action. The demurrer to the evidence should therefore be sustained.
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Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) , Deceased was guilty of absolute recklessness, in coming upon or walking along the track, at the time and place of accident, and tbe plaintiffs, by reason thereof,- are not entitled to maintain this action. The demurrer to the evidence should therefore be sustained. Laun v. Railroad, 216 Mo. 580; McGee v. Railroad, 214 Mo. 546; Holland v. Railroad, 210 Mo. 351; Sissel v. Railroad, 214 Mo. 515; Brockschmidt v. Railroad, 205 Mo. 435; Cahill v. Railroad, 205 Mo. 407; Mockowik y. Railroad, 196 Mo. 568; McGrath y. Railroad, 197…
1Opinion of the CourtJohnson, J.
This action is prosecuted jointly by the father and mother of Frank P. Shipley, deceased, to recover five thousand dollars under section 2864, Revised Statutes 1899, for the killing of their minor son by a street car operated by defendant on the Ninth street line of its street railway system in Kansas City. The petition is in three counts and negligence of the defendant in the'operation of the car is the cause of action pleaded in each. The answer contains a general denial and a plea of contributory negligence. ' A trial resulted in a verdict and judgment for plaintiffs for the amount sued…
2Cases cited4 opinions
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Hof v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- State ex inf. Crow v. Continental Tobacco Co.Supreme Court of Missouri · 1903
- Grout v. Central Electric Railway Co.Missouri Court of Appeals · 1907
3Cited by8 opinions
- Blyston-Spencer v. United Railways Co.Missouri Court of Appeals · 1910
- Kirchof v. United Railways Co.Missouri Court of Appeals · 1911
- Gulf, Mobile and Ohio Railroad Company, a Corporation v. T. A. Thornton, (Two Cases)Court of Appeals for the Eighth Circuit · 1961
- Strauss v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Draper v. Kansas City Railways Co.Missouri Court of Appeals · 1918
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