Corum v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. J. E. Blower, Judge. (1) The court erred in giving instruction numbered 1 for plaintiff. The allegation in the petition is ' that plaintiff got upon the car “for the purpose of riding on same as a passenger;” that is the same as alleging that she got on the car with the intention of becoming a passenger, which is not an allegation that she did become a passenger.
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Appeal from Jackson Circuit Court. — Eon. J. E. Blower, Judge. (1) The court erred in giving instruction numbered 1 for plaintiff. The allegation in the petition is ' that plaintiff got upon the car “for the purpose of riding on same as a passenger;” that is the same as alleging that she got on the car with the intention of becoming a passenger, which is not an allegation that she did become a passenger. Raining v. Railway, 157 Mo. 501. The instruction, therefore, broadened the issues, and permitted a recovery on a theory not embraced in the pleadings. DeDonato v. Morrison, 160 Mo. 581;…
1Opinion of the CourtEllison, J.
— Plaintiff was injured while in the act of alighting from one of defendant’s street cars. She charges that by reason of the negligent act of defend*634ant’s servants in starting the car too quickly she was thrown to the ground while in the act of stepping off. The judgment was in her favor.
It appears that plaintiff was at the corner of Twelfth and Main streets in Kansas Oity one evening when it was raining. That she desired to go to Walnut street (one block east) and there take what was known as a Fifteenth street car. She boarded a cable car at Twelfth and Main, intending to take a transfer and…
2Cases cited4 opinions
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Chicago West Division Railway Co. v. MillsIllinois Supreme Court · 1882
- Chicago West Division Railway Co. v. MillsIllinois Supreme Court · 1878
3Cited by3 opinions
- Corum v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- McNally v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910
- Scott v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1909