Percy v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Ed. L. Soarritt, Judge. (1) Defendant’s instruction for a verdict should have been given. Woods v. Railroad, 48 Mo. App. 125, 130; Hejfronv. Railroad, 52 N. W. Rep. (Mich.) 802; Pine v. Railmad, 52 N. W. Rep. (Minn.) 392; Bradshaw v. Railroad, 135 (Mass.) 407; Gale v. Railroad, 7 Hun, 670. (2) The court erred in excluding the offer of proof from Mr. McCarty; Woods v. Railroad, 48 Mo.
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Appeal from the Jackson Circuit Court. — Hon. Ed. L. Soarritt, Judge. (1) Defendant’s instruction for a verdict should have been given. Woods v. Railroad, 48 Mo. App. 125, 130; Hejfronv. Railroad, 52 N. W. Rep. (Mich.) 802; Pine v. Railmad, 52 N. W. Rep. (Minn.) 392; Bradshaw v. Railroad, 135 (Mass.) 407; Gale v. Railroad, 7 Hun, 670. (2) The court erred in excluding the offer of proof from Mr. McCarty; Woods v. Railroad, 48 Mo. App. 125. (1) Appellant in its brief entirely ignores the real issue in this case, which is a question of pleading. Defendant’s only pleading to the petition was a…
1Opinion of the CourtSmith, P. J.
This is an action ‘ by plaintiff to recover of defendant, an incorporated street railway company, damages for the wrongful ejection from one of its trains by the conductor thereof. There was a trial in the circuit court, resulting in a judgment for plaintiff, from which defendant has appealed.
The case appears, from the record before us, to be something like this: The defendant, at the time of *78the injury complained of, was operating what is known as the Fifth street line, running from Kansas City, in the state of Kansas, to Market Square of Kansas City, in this state. It also operated another…
2Cases cited5 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Logan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Pine v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
- Woods v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
3Cited by4 opinions
- Morrill v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1908
- Wasserman v. Los Angeles Ry. Corp.California Supreme Court · 1920
- Martin v. the Rhode Island CompanySupreme Court of Rhode Island · 1911
- Shortsleeves v. Capital Traction Co.District of Columbia Court of Appeals · 1906