Bryant Ex Rel. Bryant v. Kansas City Railways Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) The court erred in overruing’ tlie demurrer interposed at the close of plaintiff’s evidence, and renewed at the close of all the evidence, (a) The petition failed to state facts sufficient to constitute any cause of action. By omitting to charge obliviousness, no cause of action, was stated. Knapp v. Dunham, 195 S. W. 1062; Kamoos v. Ry. Co., 202 S. W. 434; Haines v. Ry.
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Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) The court erred in overruing’ tlie demurrer interposed at the close of plaintiff’s evidence, and renewed at the close of all the evidence, (a) The petition failed to state facts sufficient to constitute any cause of action. By omitting to charge obliviousness, no cause of action, was stated. Knapp v. Dunham, 195 S. W. 1062; Kamoos v. Ry. Co., 202 S. W. 434; Haines v. Ry. Co., 203 S. W. 630; Rubick v. Sandler, 219 Mo. App. 401. (b) Even if the petition stated a cause of action, the entire evidence failed to show any negligence…
1Opinion of the Court
Action for personal injuries. Plaintiff, a child less than four years old at the time of the injury, and who sues herein by his father as next friend, was run over by one of defendant's cars on West 39th Street in Kansas City, Missouri. West 39th Street runs east and west, and the accident occurred in the block to the east of Bell Street, a north-and-south street crossing West 39th. The negligence pleaded is that covered by the humanitarian rule. As the result of the accident the left leg of plaintiff had to be amputated. Upon a trial before a jury he secured a verdict of $30,000, but upon…
2Cases cited1 opinion
- Hurst v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1920
3Cited by21 opinions
- Perkins v. Terminal Railroad Assn.Supreme Court of Missouri · 1937
- Mueller v. SchienSupreme Court of Missouri · 1943
- Pitcher v. SchochSupreme Court of Missouri · 1940
- Morley v. SUPERIOR COURT OF ARIZONA, ETC.Arizona Supreme Court · 1981
- Dickson v. BoberSupreme Court of Minnesota · 1964
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