Byerley v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jas. H. Slover, Judge. Plaintiff was guilty of suck contributory negligence as should bar a recovery as a matter of law. She rode in the seat beside her husband, who operated the automobile, and although by the undisputed evidence, the street car could be'seen for 1610 feet, she did not call her husband’s attention to the approaching street car.
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Appeal from Jackson Circuit Court. — Hon. Jas. H. Slover, Judge. Plaintiff was guilty of suck contributory negligence as should bar a recovery as a matter of law. She rode in the seat beside her husband, who operated the automobile, and although by the undisputed evidence, the street car could be'seen for 1610 feet, she did not call her husband’s attention to the approaching street car. “If the person riding in a vehicle knows that the driver is negligent and he takes no precaution to guard against injury, he cannot recover, for in such case the negligence is his own, and not simply that of…
1Opinion of the CourtTrimble, J.
Plaintiff sued for damages sustained by reason of injuries to her automobile and to her person caused by a collision of defendant’s street car with said automobile in which plaintiff was riding.
The collision occurred on Grand avenue, opposite the entrance to Gillham road a few feet south of the bridge over the Belt Line railway tracks at twenty-second street, in Kansas City, Missouri. The automobile was going south on Grand avenue on the west •side of the street car tracks, and, when it reached the point where Gillham road comes into Grand avenue from the east, the driver of the automobile…
2Cases cited6 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Markowitz v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1911
- Hoag v. New York Central & Hudson River RailroadNew York Court of Appeals · 1888
- Summers v. Metropolitan Life Ins.Missouri Court of Appeals · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Irwin v. McDougalMissouri Court of Appeals · 1925
- West v. Kansas City Railways Co.Missouri Court of Appeals · 1921
- Norton v. HinesMissouri Court of Appeals · 1922