Buck v. People's Street Railway, Electric Light & Power Co.
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — TIon. A. M. Woodson, Judge. (1) It was error to refuse the instruction asked by appellant, declaring that respondent was not entitled to recover in this case. Said instruction ought to have been given for several reasons: First. The petition does not state facts sufficient to constitute any cause of action. Second. The evidence fails to make out a case against appellant.
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Appeal from the Buchanan Circuit Court. — TIon. A. M. Woodson, Judge. (1) It was error to refuse the instruction asked by appellant, declaring that respondent was not entitled to recover in this case. Said instruction ought to have been given for several reasons: First. The petition does not state facts sufficient to constitute any cause of action. Second. The evidence fails to make out a case against appellant. Plaintiff’s evidence fails to show any negligence on the part of appellant, but does show such contributory. negligence as will defeat the alleged cause of action. Dunn s. Railroad,…
1Opinion of the CourtSmith, P. J.
This is an action by the plaintiff against the defendant, a street railway company, for damages for an alleged injury to his infant son, Orley, who was at the time alleged about six years old. The material allegations in the petition are, that while said Orley was a passenger on appellant’s car he attempted to alight from the front platform of the car, but, before *560lie liad time and opportunity to safely alight therefrom, the driver of said car suddenly, carelessly and negligently startéd said car forward and caused it to run against and over him, injuring and mangling his leg, rendering him a…
2Cases cited32 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Jacobus v. St. Paul & Chicago Railway Co.Supreme Court of Minnesota · 1873
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Lemon v. ChanslorSupreme Court of Missouri · 1878
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3Cited by13 opinions
- Thomasson v. Mercantile Town Mutual InsuranceMissouri Court of Appeals · 1905
- Murphy v. North British & Mercantile InsuranceMissouri Court of Appeals · 1897
- Haggerty v. St. Louis, Keokuk & Northwestern RailroadMissouri Court of Appeals · 1903
- Elwood Electric Street Railway Co. v. RossIndiana Court of Appeals · 1900
- Henderson & Jones v. MaceMissouri Court of Appeals · 1896
8 more not listed; retrieve them via the Exa API.