Cole v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. W. B. Teas dale, Judge. (1) The court erred in overruling the demurrer interposed by the defendant at the conclusion of plaintiff’s evidence for the reason that on the pleadings and the evidence herein plaintiff cannot, under the law, recover. Green v. Railway, 90 S. W. 805; Schmidt y.
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Appeal from Jackson Circuit Court. — Hon. W. B. Teas dale, Judge. (1) The court erred in overruling the demurrer interposed by the defendant at the conclusion of plaintiff’s evidence for the reason that on the pleadings and the evidence herein plaintiff cannot, under the law, recover. Green v. Railway, 90 S. W. 805; Schmidt y. Railway, 90 S. W. 138; Guyer v. Railroad, 174 Mo. 350; Hartman v. Transit Co., 112 Ma App. 439; Barrie v. Transit Co., 102 Mo>. App. 87; Panning v. Transit Co., 103 Mo. App. 157. (2) The court erred in giving instructions 1, 2, 3, 4 and 5 as requested by the plaintiff.…
1Opinion of the CourtJohnson, J.
Plaintiff was injured by the collison of a trolley car operated by defendant on one of its street railway lines in Kansas City with a wagon in which plaintiff was riding and this suit is for the recovery of the damages sustained. The cause of action pleaded is founded on the negligence of defendant in operating the car. The answer, in addition to a general denial, contains a plea' of contributory negligence. Plaintiff recovered judgment in the sum of $400 and defendant appealed.
Defendant insists that its instruction in the nature of a demurrer to the evidence should have been given and our…
2Cases cited3 opinions
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Moore v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Ross v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
3Cited by23 opinions
- McClanahan Ex Rel. McClanahan v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Bobos Ex Rel. Enders v. Krey Packing Co.Supreme Court of Missouri · 1927
- Beeman v. Puget Sound Traction Light & Power Co.Washington Supreme Court · 1914
- Grout v. Central Electric Railway Co.Missouri Court of Appeals · 1907
- Paul v. United Railways Co.Missouri Court of Appeals · 1911
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