Donovan v. Kansas City Elevated Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) The court erred in overruling defendant’s motion in arrest of judgment for the reason tliat the petition does not state facts sufficient to constiute a cause of action. Stone v. Craves, 8 Mo. 148; State v. Fitzsimmons, 30 Mo. 236; State v. Pittman, 76 Mo. 56; State v. Fairgrieve, 29 Mo.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) The court erred in overruling defendant’s motion in arrest of judgment for the reason tliat the petition does not state facts sufficient to constiute a cause of action. Stone v. Craves, 8 Mo. 148; State v. Fitzsimmons, 30 Mo. 236; State v. Pittman, 76 Mo. 56; State v. Fairgrieve, 29 Mo. App. 641; Comonwealth v. Abell, 29 Ky. 476 (6 J. J. Marsh). (2) The court erred in refusing the defendant’s instructions in the nature of a demurrer to the evidence offered at the close of the plaintiff’s case, and again at the completion…
1Opinion of the CourtBroaddus, P. J.
— The plaintiff by his next friend alleges that on the 22d of February, 1909, in the night time, he suffered an injury occasioned by the negligence of defendant. The gravamen of the charge is as follows: “Plaintiff states that on said February 22,1909, he was a passenger on one of defendant’s east-bound cars on said elevated structure and was standing in the rear vestibule of said car as the same approached the union depot stop on said elevated structure. Plaintiff states that just before said car reached said union depot stop, the trolley pole or part of the trolley pole or a portion of the…
2Cases cited5 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Chlanda v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Waddell v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- O'Gara v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Jorden v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1907
3Cited by1 opinion
- Kirkpatrick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912