Legal Opinion

Moore v. Metropolitian Street Railway Co.

Missouri Court of Appeals

Decided March 7, 1910PublishedCited by 2 opinions

Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) Where the petition pleads a specific ground of negligence, followed by a general charge of negligence, and the latter is followed by an additional specific charge of negligence, the plaintiff must recover, if at all, on one or the other of the specific charges, and cannot recover on the genéral charge under such circumstances.

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Appeal from Jackson Circuit Court. — Hon. W. B. Teasdale, Judge. (1) Where the petition pleads a specific ground of negligence, followed by a general charge of negligence, and the latter is followed by an additional specific charge of negligence, the plaintiff must recover, if at all, on one or the other of the specific charges, and cannot recover on the genéral charge under such circumstances. Black v. Railroad, 117 S. W. 1145; Beave v. Transit Co., 212 Mo. 351; Davidson v. Railroad, 211 Mo. 361; Kirkpatrick v. Railroad, 211 Mo. 83; Roscoe v. Railroad, 202 Mo. 576; McGrath v. Railroad, 197…

1Opinion of the CourtEllison, J.

Plaintiffs’ son, a boy eleven years old, was run oyer and killed by one of defendant’s street cars, at Forty-first street and Woodland avenue, Kan*292sas City, Missouri. They instituted this action for damages on the ground of defendant’s negligence1, and recovered judgment in the trial court.

It appears that the boy, Avith tAVO others, lived in that part of the city and had ridden doAvn into the business section and back south to the end of the line, beyond their homes, and then returned north to Forty-first street where they got off. That as the car was coming to a stop a south-bound car was…

2Cases cited5 opinions

  1. Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
  2. Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
  3. Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
  4. Holden v. Missouri RailroadSupreme Court of Missouri · 1903
  5. Haley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906

3Cited by2 opinions

  1. Bradley v. BeckerSupreme Court of Missouri · 1922
  2. Republic National Bank of Dallas v. StrealyTexas Supreme Court · 1961

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