Parker v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The court erred in'the admission of the testimony of Dr. Krimminger in permitting the witness to state that the injury complained of did produce a certain result upon the plaintiff’s nervous system. This was the very question to he passed upon by the jury. Taylor v. Railroad, 185 Mo. 239; Glasgow v. Railroad, 191 Mo. 358; Thomas v. Railroad, 125 M'o.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The court erred in'the admission of the testimony of Dr. Krimminger in permitting the witness to state that the injury complained of did produce a certain result upon the plaintiff’s nervous system. This was the very question to he passed upon by the jury. Taylor v. Railroad, 185 Mo. 239; Glasgow v. Railroad, 191 Mo. 358; Thomas v. Railroad, 125 M'o. App. 131. (2) Plaintiff’s first instruction enlarges the issues made by his petition. It directs a verdict if the car was started forward “without giving him a reasonable time…
1Opinion of the CourtEllison, J.
Defendant operates electric street cars on the streets in Independence, Missouri and plaintiff attempted to take passage on one of them when he was throAvn therefrom, Avhieh he alleges was caused by the negligent starting of the car. Hp recovered judgment in the trial court.
It appears that plaintiff awaited a car at a regular stopping place on a street crossing, and that as one approached he signalled it to stop. That as it came to a stop he took hold of the handrail, put one foot on the lower platform step and had just raised his other foot from the ground when the motorman started the car…
2Cases cited2 opinions
- Bensieck v. CookSupreme Court of Missouri · 1892
- Thomas v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
3Cited by1 opinion
- State ex rel. State Highway Commission v. JohnsonMissouri Court of Appeals · 1978