Legal Opinion

Conway v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided October 15, 1911PublishedCited by 3 opinions

Appeal from Jackson Circuit Court. — Hon. B. B. Middlebrook, Judge. (1) The court erred in admitting any evidence under the petition herein. R. S. 1899', sec. 1794; Behen & Transit C'o., 186 Mo. 430; Deolshagen v. Railroad, 186 Mo. 258; Rodgers v. Ins. Co., 186 Mo. 255; Gabriel v. Railway, 130 Mo. App. 651. (2) The court erred in overruling the demurrer interposed at the close of the case, on the ground that under the pleadings and the evidence there could be no recovery.

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1Opinion of the CourtEllison, J.

Defendant operates aline of street ears in Kansas City, and plaintiff’s brother was riding plaintiff’s horse along one of such streets when the car struck and killed the horse. This action followed and plaintiff recovered in the trial court.

Defendant makes complaint of the petition and plaintiff makes excuses therefor, but as the cause is to be retried we assume all valid objection will be removed. The petition charges negligence and specifies in what it consisted, i. e., that defendant in approaching plaintiff’s brother ran its car at a dangerous, rapid and excessive rate of .speed and…

2Cases cited2 opinions

Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
Detrich v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910

3Cited by3 opinions

Egan v. PalmerMissouri Court of Appeals · 1926
Arata v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
Hufft v. DoughertyMissouri Court of Appeals · 1914