Legal Opinion

Kinney v. Metropolitan Street Railway Co.

Supreme Court of Missouri

Decided July 14, 1914PublishedCited by 25 opinions

Appeal from Jackson Circuit. Court. — Hon. E. E. Porterfield, Judge. (1) The court erred in overruling defendant’s instruction in the nature of a demurrer to the evidence at the close of the evidence. Williams v. Railroad, 149 Mo. App. 489; Koenig v. Railroad, 173 Mo. 698; Klockenbrink v. Railroad, 172 Mo. 678; Moore v. Railroad, 194 Mo. 1; Eppstein v. Railroad, 197 Mo. 720; Murrell v. Railroad, 105 Mo. App. 88; Abbott v. Railroad, 121 Mo.

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Appeal from Jackson Circuit. Court. — Hon. E. E. Porterfield, Judge. (1) The court erred in overruling defendant’s instruction in the nature of a demurrer to the evidence at the close of the evidence. Williams v. Railroad, 149 Mo. App. 489; Koenig v. Railroad, 173 Mo. 698; Klockenbrink v. Railroad, 172 Mo. 678; Moore v. Railroad, 194 Mo. 1; Eppstein v. Railroad, 197 Mo. 720; Murrell v. Railroad, 105 Mo. App. 88; Abbott v. Railroad, 121 Mo. App. 582;- Brody v. Railroad, 206 Mo. 509; Moore v. Railroad, 146 Mo. 582; 1 Bailey on Personal Injuries, sec. 1121. (2) The court erred in admitting…

1Opinion of the Court

ROT, C.

Action for damages for personal injuries. Verdict for $20,000. There was a compulsory remittitur of $500, and a judgment for $15,000, from which tbe defendant bas appealed. Plaintiff’s age is not shown. He bas a wife but no children. He testified that he bad lived in Kansas City twenty-five or thirty years, and bad been in tbe service of tbe defendant about five years as a motorman. He stated that be was experienced in thát work. He was acting as a motorman on defendant’s car No. 123 at tbe time of the’alleged injury at about 9:40 p. m., June 11, 1909. His car was going east on tbe…

2Cases cited6 opinions

  1. Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1904
  2. Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
  3. Brady v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1907
  4. Farrar v. Metropolitan Street RailwaySupreme Court of Missouri · 1913
  5. Inhabitants of Butler v. RobinsonSupreme Court of Missouri · 1881

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3Cited by25 opinions

  1. Consumer Contact Co. v. State Department of RevenueSupreme Court of Missouri · 1980
  2. Cazzell v. SchofieldSupreme Court of Missouri · 1928
  3. Paige Parr, a minor, by and through her Conservator, Janett Waid, Jerimy Morehead, and Charles Parr v. Charles Breeden, Wendy Cogdill, and Melanie ButtrySupreme Court of Missouri · 2016
  4. Elliott v. Missouri Pacific RailroadMissouri Court of Appeals · 1932
  5. Payne v. Cornhusker Motor Lines, Inc.Missouri Court of Appeals · 2005

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