Waddell v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit 'Court. — Eon, Hermann-Brumback, Judge. (1) Plaintiff, being a mature person, in possession of all of ber faculties, stands convicted of contributory negligence in walking upon a street car track immediately in front of a moving car, and there being-no opportunity for tbe motorman to avoid tbe accident after tbe danger became apparent, tbe v.erdict is without foundation.
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Appeal from Jackson Circuit 'Court. — Eon, Hermann-Brumback, Judge. (1) Plaintiff, being a mature person, in possession of all of ber faculties, stands convicted of contributory negligence in walking upon a street car track immediately in front of a moving car, and there being-no opportunity for tbe motorman to avoid tbe accident after tbe danger became apparent, tbe v.erdict is without foundation. Reno v. Railroad, 180 Mo. 487; Roenfelt v. Railroad, 180 Mo. 554; Holwerson v. Railroad, 157 Mo. 216; Watson v. Railroad, 133 Mo. 246; Lennon . v. Railroad, 198 Mo. 514; Markowitz v. Railroad,…
1Opinion of the CourtBurgess, J.
This is an action for damages for injuries alleged to have been caused by the negligence *12of defendant, its agents and servants. Plaintiff recovered judgment in the sum of $6,500, from which judgment defendant appeals. The facts are these:
Plaintiff at the time of the injury was about seventy-five years of age, active and well-preserved for her age, accustomed to doing housework, helping her daughters when at their homes, and occasionally assisting her son at his grocery store. On the afternoon of May 17, 1902, she left the house of her daughter, Mrs. Lambert, living at 1422 Penn street, Kansas…
2Cases cited12 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brunk v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1933
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Strayer v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1913
- Simpson v. BallMissouri Court of Appeals · 1910
12 more not listed; retrieve them via the Exa API.