Ross v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Henry L. McGune, Judge. (1) The court should have sustained the demurrer to the evidence, (a) There was an entire failure of proof of negligence on the part of the motorman as alleged in the petition, (b) The plaintiff was guilty of continuing negligence concurring with any supposed negligence on the part of defendant. Bennett v. Railway, 122 Mo.
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Appeal from Jackson Circuit Court. — Hon. Henry L. McGune, Judge. (1) The court should have sustained the demurrer to the evidence, (a) There was an entire failure of proof of negligence on the part of the motorman as alleged in the petition, (b) The plaintiff was guilty of continuing negligence concurring with any supposed negligence on the part of defendant. Bennett v. Railway, 122 Mo. App. 703; Roenfeldt v. Railway, 180 Mo. 554; Markowitz v. Railway, 186 Mo. 350; Van Bach v. Railway, 171 Mo. 338; Reno v. Railway, 180 Mo. 469; M'oore v. Transit Co., 176 Mo. 529. (2) Stated differently, the…
1Opinion of the CourtJohnson, J.
Action to recover damages for persbnal injuries alleged to have been caused by the negligence of defendant. Verdict and judgment were for *475plaintiff in the sum of $870. The injury occurred on the morning of September 29, 1903, on Main street in Kansas City at a point just north of the north line of Missouri avenue, a cross street. As a part of its street railway system in Kansas City, defendant operates a single-track line on Main street over which it runs only north-bound cars. Plaintiff was driving a wagon loaded with two tons of coal and was accompanied by ■a man to help in unloading. He…
2Cases cited2 opinions
- Cole v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Bennett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
3Cited by5 opinions
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Ghio v. Schaper Bros.Missouri Court of Appeals · 1914
- Ware v. FloryMissouri Court of Appeals · 1918
- Gessner v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1909
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911