McFadden v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. R. B. Middlebrooh, Judge. (1) Plaintiff’s petition failed to state a canse of action. Stanley v. Union Depot Company, 114 Mo. 606. (2) The court erred in .overruling defendant Frank E. Lott’s demurrer at the close of plaintiff’s testimony. "Wolf v. Traction Co., 119 Ill. App. 481; Railroad v. Rood, (111 Sup.
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Appeal from Jackson Circuit Court. — Hon. R. B. Middlebrooh, Judge. (1) Plaintiff’s petition failed to state a canse of action. Stanley v. Union Depot Company, 114 Mo. 606. (2) The court erred in .overruling defendant Frank E. Lott’s demurrer at the close of plaintiff’s testimony. "Wolf v. Traction Co., 119 Ill. App. 481; Railroad v. Rood, (111 Sup. Ct.), 45 N. E. 238; Black v. Railroad, 187 Mass. 172, 72 N. E. 970; Potts v. Railroad, 33 Fed. 610; Lohner v. Railroad, 116 Ill. App. 365; Fagan v. Rhode Island Co., 60 Atl. 672; Railroad v. Gibson, 96 Pa. St. 83; 3 Thompson, Negligence, 2756;…
1Opinion of the CourtJohnson, J.
Plaintiff was a passenger of defendant Lott who operated an automobile for hire and was injured in a collision between that vehicle and an electric car operated by the defendant Street Railway Company on the Troost avenue .line of its street railway system in Kansas City. Both Lott and the Street Railway Company were made defendants on the theory that negligence of each concurred in causing the injury. The petition alleges that “said defendant Frank E. Lott . . . was a common carrier of passengers for hire, operating a line of automobiles and particularly the automobile hereinafter…
2Cases cited6 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Schultz v. . Third Avenue Railroad CompanyNew York Court of Appeals · 1882
- Newton v. . HarrisNew York Court of Appeals · 1852
- Starks v. PeopleNew York Supreme Court · 1847
- Waddingham v. HulettSupreme Court of Missouri · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Tannehill v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1919
- Lorber v. Peoples Motor Coach Co.Indiana Court of Appeals · 1929
- Brown v. StateCourt of Criminal Appeals of Texas · 1912