Black v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circnit Court.— Eon. W. 0. Thomas, Judge. (1) The court erred in overruling appellant’s motion to make the petition more definite and. certain, Orcutt v. Bldg. Co., 201 Mo. 424; Roscoe v. Railroad, 202 Mo. 587; Keller v. Railroad, 140 Pa. St. 65; Le-Barron v. Perry Co., 11 Allen (Mass.), 312; Parley v. Traction Co., 132 Pa. St. 58; Ilayman v. Railroad, 118 Pa. St. 508; F'earn v. Perry Co., 143 Pa.
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Appeal from Jackson Circnit Court.— Eon. W. 0. Thomas, Judge. (1) The court erred in overruling appellant’s motion to make the petition more definite and. certain, Orcutt v. Bldg. Co., 201 Mo. 424; Roscoe v. Railroad, 202 Mo. 587; Keller v. Railroad, 140 Pa. St. 65; Le-Barron v. Perry Co., 11 Allen (Mass.), 312; Parley v. Traction Co., 132 Pa. St. 58; Ilayman v. Railroad, 118 Pa. St. 508; F'earn v. Perry Co., 143 Pa. St. 122. (2) The respondent was not entitled to recover on the doctrine of res ipsa loquitur in this case. (3) The appellant’s instruction in the name of a demurrer to the…
1Opinion of the CourtBroaddus, P. J.
This is an action for damages for injuries the plaintiff alleges he sustained by reason of the negligence of the defendant. There had been a former trial of the cause wherein the plaintiff recovered judgment and from which the defendant appealed to the Supreme Court. The Supreme Court reversed the judgment and remanded the cause for a new trial. [See Black v. Met. St. Ry. Co., 217 Mo. 672.] After the cause was reversed and remanded the plaintiff amended his petition and on trial anew again recovered judgment .from which the defendant appealed to this court.
The allegations of the amended…
2Cases cited9 opinions
- Campbell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Beckett v. Northwestern Masonic Aid Ass'nSupreme Court of Minnesota · 1897
- Golden v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1900
- Knowles v. StateSupreme Court of Alabama · 1885
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3Cited by3 opinions
- Marvel Schillie, Administratrix of the Estate of Marion Schillie, Deceased v. Atchison, Topeka & Santa Fe Railway Company, a CorporationCourt of Appeals for the Eighth Circuit · 1955
- Friedman v. United Railways Co.Supreme Court of Missouri · 1922
- Hudson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913