Legal Opinion

Campbell v. Springfield Traction Co.

Missouri Court of Appeals

Decided February 12, 1914PublishedCited by 3 opinions

Appeal from Greene County Circuit Court. — No». Guy D. Kirby, Judge. (1) The court erred in declaring the degree of care required of defendant by instructing that the very highest degree of care was required. Chrismer v. Bell Tel. Co., 194 Mo. 189; Kelley v. Lawrence, 195 Mo. 75; Bennett v. Himmelberger, 116 Mo. App. 699'; Dunn v. Nicholson, 117 Mo. App. 374; Browning v. Railroad, 118 Mo. App. 449; Loehring v. Westlake Co., 118 Mo. App. 163 ; Kane v. S. L. K. C. Co., 112 Mo.

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Appeal from Greene County Circuit Court. — No». Guy D. Kirby, Judge. (1) The court erred in declaring the degree of care required of defendant by instructing that the very highest degree of care was required. Chrismer v. Bell Tel. Co., 194 Mo. 189; Kelley v. Lawrence, 195 Mo. 75; Bennett v. Himmelberger, 116 Mo. App. 699'; Dunn v. Nicholson, 117 Mo. App. 374; Browning v. Railroad, 118 Mo. App. 449; Loehring v. Westlake Co., 118 Mo. App. 163 ; Kane v. S. L. K. C. Co., 112 Mo. App. 650; Rigsby v. Oil Co., 115 Mo. App. 297; Wojtylak v. Coal Co., 188 Mo. 284. (2) The court erred in permitting…

1Opinion of the CourtFarrington, J.

This is an action for damages for personal injuries. Plaintiff recovered a judgment for one thousand dollars- Defendant has ap>pealed.

*524The evidence in this case shows, that plaintiff was an employee of the defendant company which maintained and operated a street railway system in the city of Springfield, driving its cars by the nse of electricity. The injury in question was inflicted near defendant’s car barns where plaintiff was engaged as a common laborer to assist in making a concrete foundation. The cement used in this work was prepared in a mixer which stood on a car on one of the tracks…

2Cases cited16 opinions

  1. Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
  2. Clark v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1911
  3. Shortel v. City of St. JosephSupreme Court of Missouri · 1891
  4. Wall v. Continental Casualty Co.Missouri Court of Appeals · 1905
  5. Von Trebra v. Laclede Gaslight Co.Supreme Court of Missouri · 1908

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3Cited by3 opinions

  1. Blackburn v. Southwest Missouri RailroadMissouri Court of Appeals · 1914
  2. Manes v. St. Louis, San Francisco Railway Co.Missouri Court of Appeals · 1920
  3. McKiney v. HarringtonMissouri Court of Appeals · 1981

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