Mahany v. Kansas City Railways Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Darnel E.Bird, Judge. (1) The demurrer interposed at the close of plaintiff’s evidence and renewed at the close of all the evidence should have been sustained, .(a) No negligence was shown. No common law excessive speed was shown. Pope v. Railroad, 242 Mo.'239; Lann v. Ry. Co., 216 Mo. 580; Petty v. Ry.
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Appeal from Jackson Circuit Court. — Hon. Darnel E.Bird, Judge. (1) The demurrer interposed at the close of plaintiff’s evidence and renewed at the close of all the evidence should have been sustained, .(a) No negligence was shown. No common law excessive speed was shown. Pope v. Railroad, 242 Mo.'239; Lann v. Ry. Co., 216 Mo. 580; Petty v. Ry. Co., 179 Mo. 674; Theobold v. Transit Co., 191 Mo. 432; Green v. Rj'. Co., 192 Mo. 142:. '(b) Plaintiff could not rely on driver even if he was a guest. Leopard v. Ry. Co., 214 S. W. 268; Fechley v. Traction Co., 119 Mo. App. 367; Burton v. Pryor, 198…
1Opinion of the Court
The petition alleges, among other things, that on April 24, 1917, plaintiff attended a funeral conducted by defendants Newcomer, and was one of the funeral party transported by said defendants, in conducting said funeral; that in consideration of the funeral bill paid to said defendants Newcomer, the plaintiff and other members of said funeral party, were to be transported in vehicles by them, to and from the cemetery; that after the burial, while plaintiff and the other members of said party were being transported by said defendants Newcomer, from the cemetery, as aforesaid, in a large…
2Cases cited17 opinions
- Strohm v. . the N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1884
- State v. WhitsettSupreme Court of Missouri · 1911
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- State v. SperitusSupreme Court of Missouri · 1905
- Maxwell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
12 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Erbes v. Union Electric CompanySupreme Court of Missouri · 1962
- Gude v. Weick Bros. Undertaking Co.Supreme Court of Missouri · 1929
- Hahn Ex Rel. Hahn v. McDowellMissouri Court of Appeals · 1961
- Murphy v. GravesSupreme Court of Missouri · 1956
- Stephens v. GuffeySupreme Court of Missouri · 1966
13 more not listed; retrieve them via the Exa API.