Redmon v. Metropolitan Street Railway
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — -Hon. W. B. Teasdale, Judge. (1) The court erred in refusing to sustain the demurrer offered, and to give tlie peremptory instruction, asked by tbe defendant herein, for the reason that the plaintiff is not entitled to recover, (a) Tbe petition alleged specific negligence, and tbe burden was on plaintiff to prove the same.
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Appeal from Jackson Circuit Court. — -Hon. W. B. Teasdale, Judge. (1) The court erred in refusing to sustain the demurrer offered, and to give tlie peremptory instruction, asked by tbe defendant herein, for the reason that the plaintiff is not entitled to recover, (a) Tbe petition alleged specific negligence, and tbe burden was on plaintiff to prove the same. Edens v. Railroad, 72 Mo.' 213; Sawyer v. Railroad, 37 Mo. 259. (b) The evidence was insufficient to warrant a recovery or to shift the burden of proof from plaintiff to defendant. Yarnall v. Railroad, 113 Mo. 580; Booth, Street Railway,…
1Opinion of the CourtGantt, P. J.
This is an action for damages alleged to have been caused to the plaintiff by the negligence of the defendant.
On the afternoon of October 8, 1900, the plaintiff while a passenger on a cable car of defendant was injured by the sudden and violent stoppage of the car near the intersection of Ninth street by Walnut street.
The petition alleges the incorporation of the defendant and its ownership of a street railway over and along Ninth street; that as such street railway company it was a common carrier of passengers for hire, charged with all the duties and liabilities of such common carrier; that…
2Cases cited16 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Stauffer v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- Cudney v. Midcontinent Airlines, Inc.Supreme Court of Missouri · 1953
- Roush v. Alkire Truck Lines, Inc.Supreme Court of Missouri · 1957
- Francis v. Sam Miller Motors, Inc.Supreme Court of Missouri · 1955
- St. Charles Savings Bank v. DenkeeSupreme Court of Missouri · 1918
53 more not listed; retrieve them via the Exa API.