Forrester v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Horn,. James H. Blover, Judge. (1) The court erred in admitting incompetent evidence, that of Dr. J. R. Snell, who was permitted to invade the province of the jury and decide for them the ultimate fact in controversy.
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Appeal from Jackson Circuit Court. — Horn,. James H. Blover, Judge. (1) The court erred in admitting incompetent evidence, that of Dr. J. R. Snell, who was permitted to invade the province of the jury and decide for them the ultimate fact in controversy. Taylor v. Railroad, 185 Mo. 255. (2) The court erred in refusing the demurrer interposed at the conclusion of plaintiff’s case, and in its failure and refusal to charge, at the conclusion of the whole case, that plaintiff could not recover. There was no evidence on which to submit the case to the jury. Furber v. Bolt & Nut Co., 185 Mo. 311;…
1Opinion of the CourtEllison, J.
Plaintiff charges that he received personal injuries through the negligence of defendant’s servants employed to manage and run one of its street cars in Kansas City. He recovered judgment in the trial court. The plaintiff, who was shown to be seventy-seven years old, attempted to board a car at the in*40tersection of Fifteenth street and Sidney avenue. He signaled for the car to stop and, as it did so, he walked around the rear end towards the .north side of the car in order to reach the opening onto the rear platform. In passing around, he took hold of the railing at the corner of the platform…
2Cases cited7 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Crumpley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1892
- Taylor v. Grand Avenue RailwaySupreme Court of Missouri · 1904
- Schmidt v. St. Louis RailroadSupreme Court of Missouri · 1899
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Green v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Kinyoun v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911
- Underwood v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Ghio v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Gunn v. United Railways Co.Missouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.