Hebeler v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Brumback, Judge. (1) Tbe court erred in giving plaintiff’s instruction, number 3, and in refusing defendant’s instructions A and E. Sepetowski v. Transit Co., 102 Mo. App. 110; Shanks v. Traction Co., 101 Mo.
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Appeal from Jackson Circuit Court. — Hon. Hermann Brumback, Judge. (1) Tbe court erred in giving plaintiff’s instruction, number 3, and in refusing defendant’s instructions A and E. Sepetowski v. Transit Co., 102 Mo. App. 110; Shanks v. Traction Co., 101 Mo. App. 702, (707); Sinclair v. Railroad, 133 Mo. 233; Holwerson v. Railroad, 157 Mo. 216; Watson v. Railroad, 133 Mo. 246; 1 Thompson, Com. on Negligence, 176. (2) The court erred in refusing defendant’s instructions B, C, D and <3r. Same cases cited under point 1. (3) The court should .have granted, defendant’s, peremptory instruction.…
1Opinion of the CourtEllison, J.
This is an action for damages done to plaintiff’s wagon and team of horses by coming into collision with one of defendant’s street cars. The judgment was for the plaintiff in the trial court.
*553It appears that defendant operates a double-track street railway on Woodland avenue, a street running north and south in Kansas City; that plaintiff’s servant, with his team and empty wagon, entered upon the west track at Forty-third street and drove north, thus being in position to meet south-bound cars. He drove on the’ track to a point between Thirty-eighth and Thirty-ninth, when the wagon and team…
2Cases cited1 opinion
- Milburn v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
3Cited by5 opinions
- Barnard v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1909
- Kile v. Union Electric Light & Power Co.Missouri Court of Appeals · 1910
- Windle v. Southwest Missouri RailroadMissouri Court of Appeals · 1913
- Smith v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1913
- Madinger v. St. Joseph Railway, Light, Heat & Power Co.Missouri Court of Appeals · 1911