Maxey v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Now. E. P. Gates, Judge. . (1) The court erred in giving plaintiff’s instruction one. It submitted the question whether the street was a regular station. Baltimore Traction Co. v. State, 78 Md. 409; s. c., 28 Alt. 397; Creamer v. Rail-way, 156 Mass. 320; s. c., 31 ÍST.
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Appeal from Jackson Circuit Court. — Now. E. P. Gates, Judge. . (1) The court erred in giving plaintiff’s instruction one. It submitted the question whether the street was a regular station. Baltimore Traction Co. v. State, 78 Md. 409; s. c., 28 Alt. 397; Creamer v. Rail-way, 156 Mass. 320; s. c., 31 ÍST. E. 391. The law required the conductor not to take plaintiff on if his car was too crowded (Reem v. Railway, 77 Minn. 503; s. c.r 80 N. W. 638) and the submission of this question was erroneous because there was no testimony from which it could be found that there was a regular station. 2…
1Opinion of the CourtEllison, J.
Plaintiff complains .of a personal injury which she charges was brought about by the negligence of defendant’s servants in operating one of its cable street cars. She obtained judgment in the trial court.
It appears that she and three companions, intend*307ing to take passage on defendant’s approaching car, signaled it to stop by walking ont into the street and stopping beside the track at a street corner, which was the nsnal place of taking on and letting off passengers. The car stopped, plaintiff and her companions thinking to let them get on, though defendant’s conductor said it stopped on his…
2Cases cited7 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Henry v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Allen v. MansfieldSupreme Court of Missouri · 1884
- Swigert v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Peters v. Kansas City Rys. Co.Missouri Court of Appeals · 1920
- Turner v. ButlerSupreme Court of Missouri · 1913
- Westerman v. United Railways & Electric Co.Court of Appeals of Maryland · 1915
- Trepp v. State National BankSupreme Court of Missouri · 1926
- Webb v. BaldwinMissouri Court of Appeals · 1912
3 more not listed; retrieve them via the Exa API.