Legal Opinion

Arata v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided June 3, 1912Published

Appeal from Jackson Circuit Oonrt. — Son. B. M. Middlebrook, Judge.

1Opinion of the CourtEllison, J.

Plaintiff was injured by one of •defendant’s street cars striking ber as she was crossing one of the streets in Kansas City. She brought this action for damages and recovered judgment in the trial court.

The action is founded on the humanitarian rule. The petition charges specific negligence in failing, after seeing plaintiff’s peril, to stop the car, or to slow it down, and thereby avoid injuring her. There was sufficient evidence tending to support the charge to permit the question being submitted to the jury, and we think defendant’s demurrer was properly overruled.

But there was given for…

2Cases cited5 opinions

  1. Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
  2. Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
  3. Willis v. City of BrowningMissouri Court of Appeals · 1912
  4. Detrich v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910
  5. Conway v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API