Moore v. Kansas City & Independence Rapid Transit Railway Co.
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. (1) Plaintiff’s first instruction was wrong; cars can only move on the tracks and it is the duty of the traveler to give way to them. Hides v. Railroad, 27 S. W. Rep. 542; Zimmerman v. Railroad, 71 Mo. 476; Com. v. Temple, 14 Gray, 69; Elliott on Roads and Streets, pp. 577, 578; Childs v. Railroad, 33 La. Ann. 154; Chrisman v. Railroad, 150 Pa.
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Appeal from Pettis Circuit Court. — Hon. Richard Field, Judge. (1) Plaintiff’s first instruction was wrong; cars can only move on the tracks and it is the duty of the traveler to give way to them. Hides v. Railroad, 27 S. W. Rep. 542; Zimmerman v. Railroad, 71 Mo. 476; Com. v. Temple, 14 Gray, 69; Elliott on Roads and Streets, pp. 577, 578; Childs v. Railroad, 33 La. Ann. 154; Chrisman v. Railroad, 150 Pa. St. 180; O’Neil v. Railroad, 129 N. Y. 125. (2) The court should have 'given defendant’s instructions. Hagg v. Railroad, 55 N. W. Rep. 444; Olson v. Railroad, 81 Wis. 41; Hargis v.…
1Opinion of the CourtBuegess, J.
— Action for personal injuries begun in the circuit court of Jackson county. The venue was subsequently changed to the circuit court of Pettis county on application of plaintiff where, on trial to a jury, plaintiff’s damages were assessed at $2,610. Defendant appeals.
The petition is in two counts. The first alleges that defendant was operating a line of railway from Kansas City to Independence, Missouri; “that on or about the tenth day of February, 1891, plaintiff was, with his wagon and team, traveling along and upon a street in the city of Independence along the side of defendant’s railroad…
2Cases cited18 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Yarnall v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Goodwin v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1881
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Gramex Corp. v. Green Supply, Inc.Supreme Court of Missouri · 2002
- Perkins v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1932
- Oates v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1902
- Sherwood v. Grand Avenue Railway Co.Supreme Court of Missouri · 1896
11 more not listed; retrieve them via the Exa API.