Dawson v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehórn, Judge. (1) The court erred in giving instructions numbered 3, as modified. This instruction assumes that a wrong was done to plaintiff. "Wright v. Fonda, 44 Mo. App. 634. (2) The court erred in giving instruction numbered 4 for plaintiff. The court erred in giving instruction numbered 9, as modified, because said instruction assumes that there was at least some injuries.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehórn, Judge. (1) The court erred in giving instructions numbered 3, as modified. This instruction assumes that a wrong was done to plaintiff. "Wright v. Fonda, 44 Mo. App. 634. (2) The court erred in giving instruction numbered 4 for plaintiff. The court erred in giving instruction numbered 9, as modified, because said instruction assumes that there was at least some injuries. This was not only one of the real issues in the case, but the first verdict brought in by the jury showed that they did not believe there were any. The court erred…
1Opinion of the CourtBroaddus, P. J.
— This is a suit for damages growing out of the alleged wrongful act of defendant. It will become necessary in order to understand the issues raised on the appeal to quote from the petition the gravamen of the charge of wrong doing. “That on or about September 5, 1908, at about 10 o’clock p. m. at or near the entrance of the new city park, in Kan*646sas City, Kansas, plaintiff, in order to be transported to her home in Kansas City, Missouri, got on one of defendant’s electric cars operated by defendant at said point and became a passenger thereon; that while she was in the vestibule of said car…
2Cases cited2 opinions
- Adams v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- O'Hara v. Laclede Gas Light Co.Missouri Court of Appeals · 1908
3Cited by2 opinions
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