Hurley v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. James E. Slover, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence offered at the close of plaintiff’s case and again at the conclusion of all the testimony. Hecker v. Railroad 110 Mo. App. 165. (2) The court erred in giving instructions numbered one and two; asked by plaintiff, and each of them.
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Appeal from Jackson Circuit Court. — Eon. James E. Slover, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence offered at the close of plaintiff’s case and again at the conclusion of all the testimony. Hecker v. Railroad 110 Mo. App. 165. (2) The court erred in giving instructions numbered one and two; asked by plaintiff, and each of them. Willmott v. Railroad, 106 Mo. 548; Bank v. Murdock, 62 Mo. 73; May v. Crawford, 150 Mo. 528; Thomas v. Babb, 45 M'o. 384; Railroad v. Harwood, 80 111. 91; Maack v. Schneider, 57 Mo. App. 434; Shepherd…
1Opinion of the CourtBroaddus, P. J.
This is an action for damages for personal injuries received by plaintiff while alighting from defendant’s street car. On November 2, 1903, the plaintiff was a passenger on defendant’s southbound Vine street car, his destination being the intersection of Thirty-third street and Woodland avenue. The car stopped on the south side of Thirty-third street, the usual place for stopping. The plaintiff’s evidence tends to show that before the car reached the point mentioned he called out to the conductor his destination; that several passengers got off when the car stopped; that plaintiff followed…
2Cases cited2 opinions
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
3Cited by8 opinions
- Jerome v. United Railways Co.Missouri Court of Appeals · 1911
- Green v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Anderson v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- Alten v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Ely v. Southwest Missouri RailroadMissouri Court of Appeals · 1910
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