Gessner v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — lion. Henry L. McOune, Judge. (1) The court erred in refusing defendant’s peremptory instruction for the reason that, under the evidence and the pleadings, the plaintiff was not entitled to recover. Reno v. Railroad, 180 Mo. 486; Grout v. Railroad, 102 S. W. 1029; Rissler v. Transit Co., 113 Mo. App. 125; Heintz v Transit Co., 115 Mo.
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Appeal from Jackson Circuit Court. — lion. Henry L. McOune, Judge. (1) The court erred in refusing defendant’s peremptory instruction for the reason that, under the evidence and the pleadings, the plaintiff was not entitled to recover. Reno v. Railroad, 180 Mo. 486; Grout v. Railroad, 102 S. W. 1029; Rissler v. Transit Co., 113 Mo. App. 125; Heintz v Transit Co., 115 Mo. App. 670; Heinzle v. Railroad, 182 Mo. 555; Ruchenberg v. Railroad, 161 Mo. 70. (2) The court erred in giving instructions numbered 1, 2, 3, 4 and 5, and each of them, requested by the plaintiff. As to one and two: Schroeder…
1Opinion of the CourtEllison, J.
Plaintiff’s action Avas brought to recover damages for personal injuries received by a collision between a wagon he Avas driving and one of defendant’s street cars. The judgment was for the plaintiff.
The petition alleges that plaintiff was seated in a *586one-horse yjagon which he was driving east on Ninth street (a street running east and west) in Kansas City, along and upon the north track of 'defendant’s street railway about two hundred feet west of Mulberry street, when one of defendant’s cars was so carelessly managed and controlled that it was run into the wagon and plaintiff thrown to the…
2Cited by1 opinion
- Gessner v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1909