Legal Opinion

Cullar v. Missouri, Kansas & Texas Railway Co.

Missouri Court of Appeals

Decided April 30, 1900PublishedCited by 14 opinions

Appeal from tbe Jackson Circuit Court.—Hon. James Gibson, Judge. (1) The verdict was directly opposed to the instructions given for defendant. These instructions fully covered ■ the case as stated in tlie petition. Straus v. Railroad, 75 Mo. 185-191; s. c., 86 Mo. 121; Swigert v. Railroad, 75 Mo. 475 ; Olotwortliy v. Railroad, 80 Mo. 220-221; Hurt v. Railroad. 91 Mo. 255-263; Yarnell v. Railroad, 113 Mo. 570; Hanks v. Railroad, 60 Mo. App. 271-281; Deming v. Railroad, 80 Mo.

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Appeal from tbe Jackson Circuit Court.—Hon. James Gibson, Judge. (1) The verdict was directly opposed to the instructions given for defendant. These instructions fully covered ■ the case as stated in tlie petition. Straus v. Railroad, 75 Mo. 185-191; s. c., 86 Mo. 121; Swigert v. Railroad, 75 Mo. 475 ; Olotwortliy v. Railroad, 80 Mo. 220-221; Hurt v. Railroad. 91 Mo. 255-263; Yarnell v. Railroad, 113 Mo. 570; Hanks v. Railroad, 60 Mo. App. 271-281; Deming v. Railroad, 80 Mo. App. 152-156. (2) The court erred in amending defendant’s instruction number 11 and in giving it in that form. The…

1Opinion of the CourtEllison, J.

Plaintiff, a married woman, was a passenger on one of defendant’s trains and was injured in attempting to alight at Harwood, her destination. She recovered judgment in the trial court.

Plaintiff at the time of the accident was about sixty-four years of age and was accompanied on the train by her two granddaughters, one ten and the other six years old. Since the verdict was for plaintiff we will state the facts as the testimony in plaintiff’s behalf tends to establish them:

Just before reaching Harwood, it was called out by name by the negro porter, whereupon the plaintiff and the children began…

2Cases cited1 opinion

  1. Plummer v. City of MilanMissouri Court of Appeals · 1897

3Cited by14 opinions

  1. Stout v. K. C. Terminal Railway Co.Missouri Court of Appeals · 1913
  2. Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
  3. Wolfe v. Kansas CitySupreme Court of Missouri · 1934
  4. O'DONNELL v. St. Louis Public Service Co.Missouri Court of Appeals · 1952
  5. Bradley v. City of SpickardsvilleCourt of Appeals of Kansas · 1901

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