Goodloe v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Brumbaclc, Judge. (1) The verdict is excessive, the result of passion and prejudice and should be set aside for that reason. Taylor v. Railroad, 185 M'o. 262; Hite v. Railroad, 130 Mo. 131; Whitsett v. Ransom, 79 Mo. 260.' (2) The court erred in giving instructions numbered 1 and 2 for plaintiff; they ought to have been refused.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Hermann Brumbaclc, Judge. (1) The verdict is excessive, the result of passion and prejudice and should be set aside for that reason. Taylor v. Railroad, 185 M'o. 262; Hite v. Railroad, 130 Mo. 131; Whitsett v. Ransom, 79 Mo. 260.' (2) The court erred in giving instructions numbered 1 and 2 for plaintiff; they ought to have been refused. They did not confine the jury’s attention to the issues presented in the pleadings and did not correctly declare the law controlling the controversy between plaintiff and defendant. Feurt v. Ambrose, 34 Mo. App. 366;…
1Opinion of the Court
JOHNSON, J
Action by a passenger against a common carrier to recover damages for personal injuries sustained in consequence of tbe negligence of tbe carrier. Plaintiff had judgment in- tbe sum of $1,500 and defendant appealed.
Tbe negligence charged in tbe petition is, “that while plaintiff was a passenger as aforesaid and was standing on tbe rear platform of said car, by reason of tbe negligence of tbe defendant said car ran into another car of defendant standing on tbe same track. That tbe force of said collision threw plaintiff violently into tbe car on which be was riding and onto Ms bead,…
2Cases cited10 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Reynolds v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Britton v. City of St. LouisSupreme Court of Missouri · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Konig v. Nevada-California-Oregon RailwayNevada Supreme Court · 1913
- Fowlkes v. FlemingSupreme Court of Missouri · 1929
- Percell v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- McRae v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Bell v. Central Electric Railway Co.Missouri Court of Appeals · 1907
2 more not listed; retrieve them via the Exa API.