Allen v. Dunham
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Ron. O. A. Lucas, Judge. (1) The plaintiff having alleged acts of negligence, the burden was clearly on her to sustain same by substantial evidence. Gibler v. Railroad, 148 Mo.
Read the full summary
Appeal from Jackson Circuit Court.—Ron. O. A. Lucas, Judge. (1) The plaintiff having alleged acts of negligence, the burden was clearly on her to sustain same by substantial evidence. Gibler v. Railroad, 148 Mo. App. 475; Bean v. Transit Co., 212 Mo. 331. (2) Before plaintiff can recover in this case she must show that defendants stopped its car in a violent, unusual and negligent manner thereby causing Mr. Allen to fall, and in her testimony the plaintiff shows that there was no unusual, unnecessary, violent or unexpected stop. If the movement of the car was usual, necessary and ordinary,…
1Opinion of the CourtJohnson, J.
This is an action under section 5425, Revised Statutes 1909, and was begun in the circuit court of Jackson county, August 20, 1913, by the widow of Elijah R. Allen, deceased, to recover $10,000 for his death which she alleges was caused by the negligence of defendants in the operation of a street car on the Troost avenue line in Kansas City. The petition alleges that Allen died June 30,1913, from injuries received June 11,1912, while a passenger on the street car and that “said car was negligently, un skill fully and in utter disregard of duty, run, conducted, managed and operated by the…
2Cases cited20 opinions
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Stauffer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- Behen v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Bates v. SylvesterSupreme Court of Missouri · 1907
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
15 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Glick Ex Rel. McGinty v. Ballentine Produce Inc.Supreme Court of Missouri · 1965
- Jason D. Dodson and Jason D. Dodson, Jr., a Minor, and Eva Raine Dodson-Lohse, a Minor, and August William Davis Dodson, a Minor, said Minors appearing by the duly appointed Next Friend Jason D. Dodson, Respondent/Cross-Appellant v. Robert P. Ferrara, M.D., and Mercy Clinic Heart and Vascular, LLC, Appellants/Cross-Respondents.Supreme Court of Missouri · 2016
- Plaza Express Company v. GallowaySupreme Court of Missouri · 1955
- Wallace v. BoundsSupreme Court of Missouri · 1963
- Jason D. Dodson and Jason D. Dodson, Jr., a Minor, and Eva Raine Dodson-Lohse, a Minor, and August William Davis Dodson, a Minor, said Minors appearing by the duly appointed Next Friend Jason D. Dodson, Respondent/Cross-Appellant v. Robert P. Ferrara, M.D., and Mercy Clinic Heart and Vascular, LLC, Appellants/Cross-Respondents.Supreme Court of Missouri · 2016
1 more not listed; retrieve them via the Exa API.