Edwards v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Ron. Wm. P. Borland, Special Judge. (1) The court erred in refusing appellant’s instruction in the nature of a demurrer to the evidence. Rissler v. Transit Co., 113 Mo. App. 120; Trigg v. Transit Co., 114 S. W. 972; Haley v. Railway, 197 Mo. 15. (2) There is no presumption of law that a child of the age of deceased, old enough to attend school, is incapable of contributory negligence.
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Appeal from Jackson Circuit Court. — Ron. Wm. P. Borland, Special Judge. (1) The court erred in refusing appellant’s instruction in the nature of a demurrer to the evidence. Rissler v. Transit Co., 113 Mo. App. 120; Trigg v. Transit Co., 114 S. W. 972; Haley v. Railway, 197 Mo. 15. (2) There is no presumption of law that a child of the age of deceased, old enough to attend school, is incapable of contributory negligence. Ridenhour v. Cable Co., 102 Mo. 270; Payne v. Railway, 129 Mo. 405; Spillane v. Railway, 135 Mo. 414. There was ample evidence to carry the case to the jury: (a) On excessive…
1Opinion of the CourtBroaddus, P. J.
This action is instituted by plaintiff and wife against the defendant to recover damages for the death of their son, Edward J., which occurred on the 26th day of March, 1906.
The petition charges several acts of negligence as the cause of the son’s death, only two of which are in issue at this time.
One consists in a charge against defendant of running its cars at a negligent and dangerous rate of speed. The other that defendant was negligent in failing to exercise ordinary care to avert injury to the deceased after a discovery of his position of peril; or that defendant was negligent in…
2Cases cited2 opinions
- Haley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Rissler v. St. Louis Transit Co.Missouri Court of Appeals · 1905
3Cited by2 opinions
- Simpson v. American Oil Co.Supreme Court of North Carolina · 1941
- Wagner v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911