Gessner v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. John G. Park, Judge. (1) The court erred in refusing plaintiff’s instruction A, on the right of the plaintiff and of the defendant to that part of Ninth street covered by defendant’s tracks, and the duty of defendant’s motorman in avoiding the collision. Deitring v. Transit Co., 109 Mr. App. 524; Luider v. Transit Co., 103 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Eon. John G. Park, Judge. (1) The court erred in refusing plaintiff’s instruction A, on the right of the plaintiff and of the defendant to that part of Ninth street covered by defendant’s tracks, and the duty of defendant’s motorman in avoiding the collision. Deitring v. Transit Co., 109 Mr. App. 524; Luider v. Transit Co., 103 Mo. App. 574; Zander v. Transit Co., 206 Mo. 447. (2) The court erred in refusing plaintiff’s instruction B, on contributory negligence. Johnson v. St. Joseph, 96 Mo. App. 663. (3) The negligence of a motorman who has a chance to…
1Opinion of the CourtJohnson, J.
— Plaintiff sued to recover damages for personal injuries which he alleges were caused by the negligence of defendant. The cause was here on a former appeal from a judgment in favor of plaintiff, but the judgment was reversed and the cause remanded *49on account of errors in instructions given at the request of plaintiff. [132 Mo. App. 584.] A second trial to a jury resulted in a verdict and judgment for defendant and plaintiff appealed. Errors in the rulings of the trial court in the instructions asked by the parties are assigned by plaintiff as grounds for a reversal of the judgment, but the…
2Cases cited3 opinions
- Bennett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Ross v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Gessner v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
3Cited by1 opinion
- Anderson v. Standard Oil Co.Supreme Court of Iowa · 1917