Price v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The court erred in refusing to sustain the demurrer offered by defendant, at the conclusion of plaintiff’s evidence, and the peremptory request at the conclusion of the whole case. 2 Fetter, Carr. Passengers, sec. 480-; Nellis, Street Surface Railroads, p. 519 ; Spencer v. Railroad, 17 Am. and Eng.
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Appeal from Jackson Circuit Court. — Hon. John G. Park, Judge. (1) The court erred in refusing to sustain the demurrer offered by defendant, at the conclusion of plaintiff’s evidence, and the peremptory request at the conclusion of the whole case. 2 Fetter, Carr. Passengers, sec. 480-; Nellis, Street Surface Railroads, p. 519 ; Spencer v. Railroad, 17 Am. and Eng. R. R. Cases (N. S.) 166; Hite v. Railroad, 130' Mo. 140; Roscoe v. Railroad, 202 Mo. 576. (2) The court erred in giving instructions requested by plaintiff for the following reasons, viz.: - No. 1: (a) Because the doctrine of res…
1Per curiam
Upon consideration of tbis cause by tbe court In Banc, it is considered that tbe petition herein does not charge specific negligence, but general negligence, and tbe opinion by Graves, J., in division is adopted as tbe opinion of tbe court. Tbe court is of tbe opinion that there is no real conflict between tbe views expressed in tbis case and that of Davidson v. Transit Company, 211 Mo. 320, and that tbe language used in tbe Davidson case, supra, and quoted in tbe opinion in this case, was language used arguendo in tbe discussion of an instruction there under consideration, and it was not…
2Cases cited23 opinions
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Finney v. BerrySupreme Court of Missouri · 1875
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
18 more not listed; retrieve them via the Exa API.
3Cited by102 opinions
- McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
- Bond v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1926
- Conduitt v. Trentonton Gas & Electric Co.Supreme Court of Missouri · 1930
- Belding v. St. Louis Public Service Co.Supreme Court of Missouri · 1948
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
97 more not listed; retrieve them via the Exa API.