Willmott v. Corrigan Consolidated Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in giving instruction, numbered 2, of its own motion, which was given on the fourth day after the case was submitted. First. Whether • there was any negligence in either of the respects alleged was for the jury. 20 C. L. J. 104; Thompson on Passengers, 444; Fleck v. Railroad, 134 Mass. 481; Aslibrook v. Railroad, 18 Mo. App. 290 ; Donney v. Hendrie, 46 Mich. 498 ; Geistle v. Railroad, 23 Mo.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The court erred in giving instruction, numbered 2, of its own motion, which was given on the fourth day after the case was submitted. First. Whether • there was any negligence in either of the respects alleged was for the jury. 20 C. L. J. 104; Thompson on Passengers, 444; Fleck v. Railroad, 134 Mass. 481; Aslibrook v. Railroad, 18 Mo. App. 290 ; Donney v. Hendrie, 46 Mich. 498 ; Geistle v. Railroad, 23 Mo. App. 361; Smotherman v. Railroad, 29 Mo. App. 265 ; Burns v. Railroad, 50 Mo. 139; Huelsenkamp v. Railroad, 34 Mo. 45,…
1Opinion of the CourtThomas, J.
Plaintiff, a minor, brought this action to recover damages for personal injuries alleged to have been sustained by him while a passenger on defendant ’ s street railway car. He recovered judgment in the circuit court of Jackson county for $5,000 from which defendant appealed to this court.
*540I. The first proposition we will discuss is in relation to plaintiff’s right of recovery, upon the pleadings and evidence. This point has been expressly made at the hearing before the court in banc, and, as it fairly arises on the record of the trial, is entitled to be now considered, though not raised…
2Cases cited13 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- McGee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Woolery v. Louisville, New Albany & Chicago Railway Co.Indiana Supreme Court · 1886
- Muehlhausen v. St. Louis RailroadSupreme Court of Missouri · 1886
- Wagner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gornstein v. PriverCalifornia Court of Appeal · 1923
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
- Stout v. LewisLouisiana Court of Appeal · 1929
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
22 more not listed; retrieve them via the Exa API.