Legal Opinion

McGee v. St. Joseph Railway, Light, Heat & Power Co.

Missouri Court of Appeals

Decided January 16, 1911PublishedCited by 1 opinion

Appeal from Buchanan Circuit Court. — Eon. G. A. Mos-man, Judge. Under the law and evidence plaintiff was not entitled to a verdict, and the demurrer offered by the defendant at the close of plaintiff’s case, and again at the close of defendant’s case, should have been given. Horn-stein y. United Railways, 195 Mo. 440; Deane v. Transit Company, 192 Mo. 584; Brockschmidt y. Railroad, 205 Mo. 446; Moore v. Railroad, 176 Mo. 528; Cole v. Railroad, 121 Mo. 613; Hebler y.

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Appeal from Buchanan Circuit Court. — Eon. G. A. Mos-man, Judge. Under the law and evidence plaintiff was not entitled to a verdict, and the demurrer offered by the defendant at the close of plaintiff’s case, and again at the close of defendant’s case, should have been given. Horn-stein y. United Railways, 195 Mo. 440; Deane v. Transit Company, 192 Mo. 584; Brockschmidt y. Railroad, 205 Mo. 446; Moore v. Railroad, 176 Mo. 528; Cole v. Railroad, 121 Mo. 613; Hebler y. Railroad, 132 Mo. App. 554; Gabriel v. Railroad, 130 Mo. App. 636. The court did not era' in submitting the case to the jury.…

1Opinion of the CourtBroaddus, P. J.

The plaintiff’s suit is to recover damages he sustained for an injury he received by reason of the alleged negligence of defendant.

The defendant is a corporation eng-aged among other things in operating street cars in the city of St. Joseph. On the 10th day of January, 1909, in the nightime, plaintiff who was an employee of a steam railroad company, took passage on one of defendant’s cars, being operated on Ninth street. The defendant has two tracks on this street which runs north and south. His destination was south to where the street intersects with Lafayette street. After the car had…

2Cases cited2 opinions

  1. Roenfeldt v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
  2. Keele v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1910

3Cited by1 opinion

  1. Markovich v. Kansas City Public Service Co.Supreme Court of Missouri · 1954

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