Lyons v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) The court erred in overruling the demurrer interposed at the close of plaintiff’s evidence and renewed at the close of the case on the ground that under the pleadings and the evidence there could he no recovery, (a) The evidence does not support the allegations of the petition. Plaintiff must plead and prove every fact necessary in order to entitle him to recover.
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Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) The court erred in overruling the demurrer interposed at the close of plaintiff’s evidence and renewed at the close of the case on the ground that under the pleadings and the evidence there could he no recovery, (a) The evidence does not support the allegations of the petition. Plaintiff must plead and prove every fact necessary in order to entitle him to recover. R. S. 1909, sec. 1794. A general denial puts in issue every allegation in the petition. R. S. 1909, sec. 1806. In actions for personal injuries, the law of the…
1Opinion of the Court
BLAIR, C.:
This is an action for damages for injuries plaintiff alleges he received when one of defendant’s cars collided, at the crossing of Fifth street and Haskell avenue, Kansas City, Kansas, with a buggy in which plaintiff and his brother-in-law were riding. The negligence charged in the petition is (1) negligent, careless and reckless speed; (2) a negligent, careless and reckless- failure to give warning of the car’s approach to the crossing; and (3) that defendant’s servants in charge of the car did not employ proper care to either slacken speed or stop the car after they saw, or by the…
Also in this document: Per curiam.
2Cases cited1 opinion
- Cherry v. SpragueMassachusetts Supreme Judicial Court · 1901
3Cited by18 opinions
- Arnold v. May Department Stores Co.Supreme Court of Missouri · 1935
- Ziegelmeier v. East St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1932
- E v. GMissouri Court of Appeals · 1958
- Devine v. WellsSupreme Court of Missouri · 1923
- Riley v. City of IndependenceSupreme Court of Missouri · 1914
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