McNamara v. Metropolitan Street Railway Company
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Brumback, Judge. (1) Where the testimony is such that it falsifies well known laws of nature, the court should give a peremptory instruction. Weltmer v. Bishop, 171 Mo. 110. (2) The damages were excessive. Doherty v. Kansas City, 105 Mo. App. 173; Stoetzele v. Swearingen, 90 Mo.
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Appeal from Jackson Circuit Court. — Hon. Hermann Brumback, Judge. (1) Where the testimony is such that it falsifies well known laws of nature, the court should give a peremptory instruction. Weltmer v. Bishop, 171 Mo. 110. (2) The damages were excessive. Doherty v. Kansas City, 105 Mo. App. 173; Stoetzele v. Swearingen, 90 Mo. App. 588; Haynes v. Trenton, 108 Mo. 123. (3) In connection with the claim of excessive damages the instruction given by the court on the question of damages was erroneous. Smedley v. Railroad, 118 Mo. App. 103. (1) The doctrine of physical fact is a dangerous one for…
1Opinion of the CourtJohnson, J.
Plaintiff received personal injuries in a collision between a wagon in which he was riding on a public street in Kansas City and a cable train operated by defendant, a street railway company, on its Twelfth street line in that city. He sued to recover damages sustained alleging that his injuries were caused by the negligence of defendant in failing “to stop its train when it saw, or by the exercise of due care should have seen plaintiff in a position of peril in time to have stopped its train and prevented said collision by the exercise of due care.” The answer contains a general denial and…
2Cases cited2 opinions
- Cole v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Everett v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
3Cited by10 opinions
- Henly v. Oklahoma Union R. Co.Supreme Court of Oklahoma · 1921
- Consolidated Lead & Zinc Co. v. State Industrial Com.Supreme Court of Oklahoma · 1931
- Freeman v. Chicago, M. & St. P. Ry. Co.Montana Supreme Court · 1916
- Maroney v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1913
- Fred Cantrell Co. v. GoosieTennessee Supreme Court · 1923
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