Spaulding v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Henry L. ' McGune, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence. Roscoe v. Railway, 202 Mo. 588; Spiro v. Transit Co., 102 Mo. App. 262; Jordan v. Transit Co., 202 Mo. 426; Grout v. Electric Co., 102 S. W. 1028; Haley v. Transit Co., 179 Mo. 85; Klockenbrink v. Railroad, 81 Mo.
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Appeal from Jackson Circuit Court. — Hon. Henry L. ' McGune, Judge. (1) The court erred in refusing defendant’s instruction in the nature of a demurrer to the evidence. Roscoe v. Railway, 202 Mo. 588; Spiro v. Transit Co., 102 Mo. App. 262; Jordan v. Transit Co., 202 Mo. 426; Grout v. Electric Co., 102 S. W. 1028; Haley v. Transit Co., 179 Mo. 85; Klockenbrink v. Railroad, 81 Mo. App. 357; Railway v. Trego (Texas), 101 S. W. 256. (2) The court erred in giving plaintiff’s instruction numbered 1. Orcutt v. Building Co., 201 Mo. 424; Mc-Grath v. Railroad, 179 Mo. 97; Roscoe v. Railway, 202 Mo.…
1Opinion of the CourtEllison, J.
Plaintiff was knocked off of one of defendant’s street cable cars and alleges that he was severely injured, through the negligence of defendant’s servants. He recovered judgment in the trial court.
As much of the contention between the parties arises on the petition we set out that part of it containing the charge of negligence: “That said plaintiff, while said car was standing still, undertook to board or enter, from the north, said grip car provided by defendant for passengers; that while in the act of entering and reaching a seat on said grip car, the gripman or motorman suddenly and…
2Cases cited7 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
- Phippin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
- Grout v. Central Electric Railway Co.Missouri Court of Appeals · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Meeker ex rel. Meeker v. Union Electric Light & Power Co.Supreme Court of Missouri · 1919
- Timmermann v. St. Louis Architectural Iron Co.Supreme Court of Missouri · 1927
- Moudy v. St. Louis Dressed Beef & Provision Co.Missouri Court of Appeals · 1910
- Kirn v. HarveyMissouri Court of Appeals · 1918