Wolven v. Springfield Traction Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) While it is sufficient to charge negligence in general terms, if plaintiff attempts to particularize and make specific allegations of negligence, the special facts pleaded must be so pleaded as to constitute a cause of action. Feary v. Railroad, 162 Mo. 75; Fuch v. City, 167 Mo. 620; Conrad Gro. Co. v. Railroad, 89 Mr. App. 534; Spiro v. Transit Co., 102 Mo. App. 250; Aston v. Transit Co., 105 Mo.
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) While it is sufficient to charge negligence in general terms, if plaintiff attempts to particularize and make specific allegations of negligence, the special facts pleaded must be so pleaded as to constitute a cause of action. Feary v. Railroad, 162 Mo. 75; Fuch v. City, 167 Mo. 620; Conrad Gro. Co. v. Railroad, 89 Mr. App. 534; Spiro v. Transit Co., 102 Mo. App. 250; Aston v. Transit Co., 105 Mo. App. 226; Garven v. Railroad, 100 Mo. App. 617. (2) A derailment might happen, even if the company had used the highest degree…
1Opinion of the CourtGray, J.
The plaintiff was a passenger on one of the defendant’s street cars in the city of Springfield, and sues for damages in the sum of $15,000 for injuries alleged to have been received by reason of the car upon which she was riding, colliding with a metal tower erected on the public square in said city, and about two feet from the track of the defendant. The defendant, at the time complained of, was operating a street railroad in the city. There is a street in the city of Springfield called South street, running south from the center of the public square on the south side, and a street running…
Also in this document: Per curiam.
2Cases cited6 opinions
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Collier v. Catherine Lead Co.Supreme Court of Missouri · 1907
- Loftus v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- State v. BrownSupreme Court of Missouri · 1902
- State v. ScottSupreme Court of Missouri · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Anderson v. Kansas City Railway Co.Supreme Court of Missouri · 1921
- Kenyon v. St. Joseph Railway, Light, Heat & Power Co.Missouri Court of Appeals · 1927
- Bouillon v. Laclede Gas Light Co.Missouri Court of Appeals · 1912
- Witty v. Springfield Traction Co.Missouri Court of Appeals · 1911