Markowitz v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) If upon the pleadings and evidence the verdict was for the right party, no error in giving instructions would justify a new trial.
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Appeal from Jackson Circuit Court. — Hon. James Gibson, Judge. (1) If upon the pleadings and evidence the verdict was for the right party, no error in giving instructions would justify a new trial. Hannuth v. Railroad, 129 Mo. 642; Yogg v. Railroad, 138 Mo. 180; Bartley v. Railroad, 148 Mo. 142; Fox v. Windes, 127 Mo. 514; Fitzgerald v. Barker, 96 Mo. 666. (2) (a) The evidence at the trial and the undisputed facts clearly prove that respondent was guilty of such contributory negligence as would bar a recovery. Boyd v. Railroad, 105 Mo. 371; Davies v. Railroad, 159 Mo. 1; Watson v. Railroad,…
1Opinion of the CourtValliant, J.
— Plaintiff alleges that she suffered a personal injury in consequence • of a collision between a wagon in which she was riding and a street car of defendant. She sues for $5,000 damages, alleging that the collision was the result of defendant’s negligence.
The scene of the accident was in Fifth street between Walnut and Main in Kansas City. Fifth street runs east and west, Walnut and Main cross it at right angles running north and south; Walnut is east of Main. Between Walnut and Main streets and parallel to them, is an alley, which also crosses Fifth street at right angles. Defendant…
2Cases cited3 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
3Cited by26 opinions
- Elkin v. St. Louis Public Service Co.Supreme Court of Missouri · 1934
- Cotton v. Willmar & Sioux Falls Railway Co.Supreme Court of Minnesota · 1906
- Atchison, T. &. S. F. Ry. Co. v. McNultyCourt of Appeals for the Eighth Circuit · 1922
- Goodson v. SchwandtSupreme Court of Missouri · 1927
- Hodge v. Feiner Ex Rel. FeinerSupreme Court of Missouri · 1936
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