Lehnick v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. William B. Teasdale, Judge. (1) The testimony of the plaintiff did not show thatthe jerkof the car was an extraordinary and unusual one, attributable to a defect in the track, an imperfection in the car or apparatus, or to a dangerous rate of speed or to an unskillful handling of the car by the grip-man, and the court should have directed a verdict for the defendant. Bartley v. Railroad, 148 Mo. 141; Saxton v. Railroad, 98 M'o.
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Appeal from Jackson Circuit Court. — Eon. William B. Teasdale, Judge. (1) The testimony of the plaintiff did not show thatthe jerkof the car was an extraordinary and unusual one, attributable to a defect in the track, an imperfection in the car or apparatus, or to a dangerous rate of speed or to an unskillful handling of the car by the grip-man, and the court should have directed a verdict for the defendant. Bartley v. Railroad, 148 Mo. 141; Saxton v. Railroad, 98 M'o. App. 494; Pryor v. Railroad, 85 Mo-. App. 378. (2) The verdict of the jury is so palpably against the great weight of the…
1Opinion of the Court
BROADDUS, P. J. —
The plaintiff for his cause of action alleges: “That on or about December 13, 1901, at 6:41 a. m., he boarded, as a passenger, one of defendant’s cable cars going west at Twelfth and Main streets; that the travel on said line at that hour of the day was always heavy, which was a fact well known to defendant; and that defendant carelessly and negligently, and in disregard of its duty to properly provide for the travel on its said line, was, at and about said time, operating such few trains over its said line that each of its trains and the platforms thereof were greatly…
2Cases cited1 opinion
- Price v. EvansSupreme Court of Missouri · 1872
3Cited by9 opinions
- Chism v. CowanSupreme Court of Missouri · 1967
- Pickens v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Cartlich v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Harper v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- MacK v. Acacia Mutual Life Ass'nMissouri Court of Appeals · 1933
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