Cohn v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — How. Wm. B. Teasdale, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, (a) It does not show legal capacity on the part of the plaintiff to maintain this action.
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Appeal from Jackson Circuit Court. — How. Wm. B. Teasdale, Judge. (1) The petition does not state facts sufficient to constitute a cause of action, (a) It does not show legal capacity on the part of the plaintiff to maintain this action. Caster v. Chase, 160 Mo. 424; Porter v. Railroad, 60 Mo. 160; Jones v. Steele, 36 Mo. 326; Higgins v. Railroad, 36 Mo. 431. (h) It does not show that the alleged failure to ring the bell, nor excessive speed, was the proximate cause of the injury. Molyneux v. Railroad, 81 Mo. App. 28; Hanlon v. Railroad, 104 Mo. 387. (c) It does not show that plaintiff was in…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff, who sues by his next friend, for five thousand dollars damages, alleged to have been sustained by him by reason of the carelessness and negligence of defendant.
The petition alleges, that on the third day of February, 1901, at about ten o’clock a. m., while plaintiff was crossing the tracks of defendant at a point about 125 feet west of Wyoming street on Ninth street, a car of defendant, running at the rate of fifteen or twenty miles an hour, negligently and carelessly struck the plaintiff.
The specific allegations are that the bell was not rung; that the rate of…
2Cases cited5 opinions
- Rogers v. MarshSupreme Court of Missouri · 1880
- Taylor v. PullenSupreme Court of Missouri · 1899
- Randolph ex rel. Adkins v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1885
- Clowers v. Wabash, St. Louis & Pacific RailroadMissouri Court of Appeals · 1886
- Coatney v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1899
3Cited by5 opinions
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Matheson v. C-B Live Stock Co.Court of Appeals of Texas · 1915
- Lowry v. SmithMissouri Court of Appeals · 1917
- Crawford v. North American UnionMissouri Court of Appeals · 1916
- Shanks Bros. v. Chicago Great Western RailroadMissouri Court of Appeals · 1925