Murphy v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal form Jackson Circnit Court. — Hon. John G. Park, Judge. (1) The court erred in refusing to sustain tbe demurrer of appellant. There was no evidence that the employees saw or might have seen plaintiff getting off the car, and the physical facts disproved her evidence in relation to the same. Jackson v. Railroad, 118 Mo. 220; Price v. Railroad, 72 Mo. 416. (2) The court erred in giving instructions asked by the plaintiff.
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Appeal form Jackson Circnit Court. — Hon. John G. Park, Judge. (1) The court erred in refusing to sustain tbe demurrer of appellant. There was no evidence that the employees saw or might have seen plaintiff getting off the car, and the physical facts disproved her evidence in relation to the same. Jackson v. Railroad, 118 Mo. 220; Price v. Railroad, 72 Mo. 416. (2) The court erred in giving instructions asked by the plaintiff. Instruction one ignores the issues tendered by the plead-' ings.. Jackson v. Railroad, 118 Mo. 220; Price v. Railroad, 72 M’o. 416; McCarty v. Rood, 144 Mo. 897; Chitty…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. The judgment was for plaintiff in the sum of $1,229 and the cause is here on the appeal of defendant.
The evidence of plaintiff, in substance, shows that on April 30,1904, at about ten o’clock p. m., she became a passenger on an electric car operated by defendant on the Indiana avenue line of its street railway system in Kansas City. ■ She boarded the car at Thirteenth and Main streets and her destination was Nineteenth street and Tracy avenue. The car traveled in an easterly direction…
2Cases cited3 opinions
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Waddell v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Jacobson v. St. Louis Transit Co.Missouri Court of Appeals · 1904
3Cited by4 opinions
- Moses v. Independence, Mo. K.C. Pub. Serv. Co.Missouri Court of Appeals · 1945
- Jerome v. United Railways Co.Missouri Court of Appeals · 1911
- Monroe v. United Railways Co.Missouri Court of Appeals · 1910
- Ely v. Southwest Missouri RailroadMissouri Court of Appeals · 1910