McRae v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. 8lover, Judge. (1) Plaintiff utterly failed to show that any injuries sbe might be suffering from when examined by Dr. Hanawalt were caused by defendant. Unless this was done there can be no recovery; this was the principal issue in the case.
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Appeal from Jackson Circuit Court. — Hon. James H. 8lover, Judge. (1) Plaintiff utterly failed to show that any injuries sbe might be suffering from when examined by Dr. Hanawalt were caused by defendant. Unless this was done there can be no recovery; this was the principal issue in the case. (2) Instruction numbered one was erroneous in adopting the rule res ipsa loquitur in a case where the accident was to the passenger and not to the car. 6 Thompson on Neg., sec. 7637; Thotaas v. Railroad, 148 Pa. 180, 15 L. R. A. 416; Keller v. Railroad, 149 Pa. 65; Barnard v. Railroad, 60 Md. 555;…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. Plaintiff had judgment in the sum of one thousand dollars and defendant appealed.
In the afternoon of January 18, 1905, plaintiff while on her way to attend a social function, became a passenger on an electric car in operation by defendant on one of its lines of street railway in Kansas City. It was thawing and the soles of plaintiff’s shoes had become wet from water and slush in the streets. As she entered the vestibule, she stepped on a metal plate and received a slight shock from…
2Cases cited10 opinions
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Baltimore & Ohio Railroad v. State ex rel. SavingtonCourt of Appeals of Maryland · 1889
- Thomas v. Phila. & Reading R. R.Supreme Court of Pennsylvania · 1892
- Cullar v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1900
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3Cited by6 opinions
- Hanson v. Reiss Steamship CompanyDistrict Court, D. Delaware · 1960
- Denver City Tramway Co. v. HillsSupreme Court of Colorado · 1911
- McNeil v. City of Cape GirardeauMissouri Court of Appeals · 1911
- Black v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- McFadden v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
1 more not listed; retrieve them via the Exa API.