Ghio v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hem. JoJm G. Park, Judge. (1) The court erred in giving instruction nulmbered 3, at the request of plaintiff, (a) It authorizes a recovery by plaintiff if he was injured while the car was “either stopped or was moving very slowly,” or “while it was either stopped or was running slowly.” There was no proof on which to base that portion relating to its “slowly moving.”
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Appeal from Jackson Circuit Court. — Hem. JoJm G. Park, Judge. (1) The court erred in giving instruction nulmbered 3, at the request of plaintiff, (a) It authorizes a recovery by plaintiff if he was injured while the car was “either stopped or was moving very slowly,” or “while it was either stopped or was running slowly.” There was no proof on which to base that portion relating to its “slowly moving.” Plaintiff’s testimony was that the car was stationary; defendant’s that it was running from four to five miles an hour, when he attempted to alight. M'cAtee v. Valandingham, 75 Mo. Appl 45;…
1Opinion of the CourtBroaddus, P. J.
This is a suit for damages for an injury alleged to have been caused by the negligence of defendant in the operation of its street cars. The petition alleges that on the second day of June, 1904, the plaintiff became a passenger on one of defendant’s cars at Bellefontaine avenue in Kansas City, Missouri, having paid his fare and obtained a transfer for passage from the intersection of its lines at Walnut street north to Fifth *713street; that when the car in which he was a passenger arrived just east of the crossing at Walnut street it “was stopped or caused to be run so slow as to be almost…
2Cases cited2 opinions
- Forrester v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Dawson v. St. Louis Transit Co.Missouri Court of Appeals · 1903