Mackin v. People's Street Railway & Electric Light & Power Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Defendant’s first instruction should have been given. The verdict is not supported by the evidence. Spohn v. Railroad, 87 Mo. 74; Callahan v. Warne, 40 Mo. 137 ; Reid v. Ins. Co., 58 Mo. 422; Wright v. Railroad, 20 Mo. App. 483 ; O' Donnell v. Railroad, 7 Mo. App. 190; Kelley v. Railroad, 11 Mo. App. 4: Friesz ®. Fallon, 24 Mo. App. 439 ; Taylor r. Fox, 16 Mo. App. 527 ; Clark v. Fairley, 30 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. (1) Defendant’s first instruction should have been given. The verdict is not supported by the evidence. Spohn v. Railroad, 87 Mo. 74; Callahan v. Warne, 40 Mo. 137 ; Reid v. Ins. Co., 58 Mo. 422; Wright v. Railroad, 20 Mo. App. 483 ; O' Donnell v. Railroad, 7 Mo. App. 190; Kelley v. Railroad, 11 Mo. App. 4: Friesz ®. Fallon, 24 Mo. App. 439 ; Taylor r. Fox, 16 Mo. App. 527 ; Clark v. Fairley, 30 Mo. App. 335 ; Gaslight Co. v. Ins. Co., 33 Mo. Ápp. 349. (2) Defendant’s instructions, numbered 2 and 13, should have been given.…
1Opinion of the CourtGill, J.
— The testimony introduced at the trial tends strongly to sustain plaintiff’s statement of the facts as prepared by her counsel, and which, in substance, is as follows : On November 20,. 18S9, the plaintiff, Mary Mackin, became a passenger on one of defendant’s street cars. She was accompanied by her daughter, a young girl of twenty-one years of age, and a small child, two years old. When she arrived at her destination, she signaled the conductor, and the car was stopped to permit her to alight. She then proceeded to the side door of the vestibule of the car, where the steps were, leading the…
2Cases cited6 opinions
- State v. BaileySupreme Court of Missouri · 1887
- Williams v. BaldwinNew York Supreme Court · 1821
- Clarke v. KitchenSupreme Court of Missouri · 1873
- Reugger v. LindenbergerSupreme Court of Missouri · 1873
- Fletcher v. Milburn Manufacturing Co.Missouri Court of Appeals · 1889
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3Cited by3 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Dobberstein v. Emmet CountySupreme Court of Iowa · 1916
- Cramer v. NelsonMissouri Court of Appeals · 1908