Edwards v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. J. H. Stover, Judge. (1) The court erred in its refusal to sustain the demurrer of the defendant to the evidence of plaintiff, and initsrefusal togivethe peremptory instruction requested by the defendant at the close of the whole case.
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Appeal from Jackson Circuit Court. — Hon. J. H. Stover, Judge. (1) The court erred in its refusal to sustain the demurrer of the defendant to the evidence of plaintiff, and initsrefusal togivethe peremptory instruction requested by the defendant at the close of the whole case. Daniels v. Railroad, 13 L. R. A. 249; Walsh v. Railroad, 145. N. Y. 301; Ryan v. Tower, 92 A. S. R. 483, 61 N. J. L. 635; Koons v. Railroad, 65 Mo. 592; Nagle v. Railroad, 75 Mo. 661; Wheeler v. Stock Yards Co., 66 Mo. App. 269. Contributory negligence: Payne v. Railroad, 129 Mo. 421; Schmitt v. Railroad, 160 Mo. 58;…
1Opinion of the CourtEllison, J.
The plaintiff at the time complained of was twelve years and two months old. He brought the present action for personal-injury received by him at one of defendant’s abandoned turntables situated on open ground in Kansas City. The judgment was for plaintiff and defendant appealed.
The petition charges that defendant owned and con trolled a turntable which it had ceased to use. That it *658was unfastened and was without lock and was unprotected by enclosure or otherwise. That it was attractive to children and did attract them thereon to play; “of all of which and of the unsafe and dangerous…
2Cases cited6 opinions
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- Fitzgerald v. HaywardSupreme Court of Missouri · 1872
- May v. CrawfordSupreme Court of Missouri · 1899
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Willmott v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Ambruster v. Levitt Realty & Investment Co.Supreme Court of Missouri · 1937
- Saller v. Friedman Bros. Shoe Co.Missouri Court of Appeals · 1907
- Carlson v. Kansas City, Clay County & St. Joseph Auto Transit Co.Missouri Court of Appeals · 1926
- Timmerman ex rel. Timmerman v. FrankelMissouri Court of Appeals · 1913
- Moeller v. United Railways Co.Missouri Court of Appeals · 1908