Kelley v. Parker-Washington Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. 8. G. Doxi'glass, Judge. (1) The objection to the introduction of any testimony under the petition should have been sustained and the peremptory instruction, asked by the defendant at the close of plaintiff’s testimony, that plaintiff was not entitled to recover under the pleading and proof, the same request for an instruction at the close of all the evidence, should have been given, and the motion in arrest of judgment should have…
Read the full summary
Appeal from Jackson Circuit Court. — Hon. 8. G. Doxi'glass, Judge. (1) The objection to the introduction of any testimony under the petition should have been sustained and the peremptory instruction, asked by the defendant at the close of plaintiff’s testimony, that plaintiff was not entitled to recover under the pleading and proof, the same request for an instruction at the close of all the evidence, should have been given, and the motion in arrest of judgment should have been sustained. Riley v. Railroad, 68 Mo. App. 652; Smith v. Packing Co., 82 Mo. App. 9; Barney v. Railroad, 126 Mo. 372;…
1Opinion of the CourtBroaddus, J.
Appellant’s’ statement of the case follows:
“The defendant had a contract with Kansas City, Missouri, to pave Illinois avenue between Twelfth and Thirteenth streets, and in order to perform that contract it was necessary to grade the roadway of the street so that the pavement, when laid, would conform to the established grade line. On the morning of August 6, 1902, defendant commenced this work of grading with a number of wheel scrapers. Defendant’s employees arrived on the street and began operations about 8 o’clock in the morning. Expecting to procure an additional team to those they already…
2Cases cited6 opinions
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Moran v. Pullman Palace Car Co.Supreme Court of Missouri · 1896
- Schmidt v. Kansas City Distilling Co.Supreme Court of Missouri · 1886
- Smith v. Jacob Dold Packing Co.Missouri Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Marvel Schillie, Administratrix of the Estate of Marion Schillie, Deceased v. Atchison, Topeka & Santa Fe Railway Company, a CorporationCourt of Appeals for the Eighth Circuit · 1955
- Johnson v. Kansas City Public Service Co.Supreme Court of Missouri · 1950
- Barlow v. Salt Lake & U. R.Utah Supreme Court · 1920
- Degroodt v. SkrbinaOhio Supreme Court · 1924
- Jorgenson v. CraneWashington Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.