Nolan v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court . — Eon. John G. Park, Judge. (1) The court erred in submitting the case to the jury upon the pleadings filed herein. * The petition wholly fails to state a cause of action against the appellant in the following respects: (a) It wholly fails to allege sufficient facts to warrant the conclusion that the respondent became or was a passenger upon appellant’s cars, (b) It wholly fails to allege any fact evidencing that appellant intended to…
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Appeal from Jackson Circuit Court . — Eon. John G. Park, Judge. (1) The court erred in submitting the case to the jury upon the pleadings filed herein. * The petition wholly fails to state a cause of action against the appellant in the following respects: (a) It wholly fails to allege sufficient facts to warrant the conclusion that the respondent became or was a passenger upon appellant’s cars, (b) It wholly fails to allege any fact evidencing that appellant intended to receive or extended any invitation on the part of respondent to become or attempt to become a passenger upon its cars, (c)…
1Opinion of the Court
BROWN, C.
This is a suit for personal injury ah leged to have been suffered by plaintiff through the negligence of the motorman in operating an electric street car on defendant’s street railway in Kansas City. That part of the petition which relates to the issue in this appeal is as follows:
“That on or about the 9th day of September, 1907, plaintiff attempted to board one of defendant’s westbound cars on said Thirty-first street at or near the intersection of said Thirty-first street with Cóllege avenue, for the purpose of becoming a passenger thereon. and that while he was in the act of so…
2Cases cited12 opinions
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Thomasson v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1909
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- Milliken v. Thyson Commission Co.Supreme Court of Missouri · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State Ex Rel. Burger v. TrimbleSupreme Court of Missouri · 1932
- Foster v. Chicago, Burlington Quincy Railroad Co.Supreme Court of Missouri · 1929
- Schwanenfeldt v. Metropolitan Street Ry. Co.Missouri Court of Appeals · 1915
- Amos v. FlemingMissouri Court of Appeals · 1926
- Speaks v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.