Engelman v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The first and principal error of the court in the trial of this case was its refusal to give a peremptory instruction in favor of defendant. McGauley v. Transit Co., 179 Mo. 590; Noll v. Transit Co., 73 S. W. 907; Burén v. Transit Co., 104 M'o. App. 231; Lien v. Railroad, 79 Mo. App. 479; Petty y. Railroad, 179 Mo. 674; Reno v. Railroad, 180 Mo. 469; Fellenz v. Railroad, 106 Mo. App. 154; Cole y.
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Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The first and principal error of the court in the trial of this case was its refusal to give a peremptory instruction in favor of defendant. McGauley v. Transit Co., 179 Mo. 590; Noll v. Transit Co., 73 S. W. 907; Burén v. Transit Co., 104 M'o. App. 231; Lien v. Railroad, 79 Mo. App. 479; Petty y. Railroad, 179 Mo. 674; Reno v. Railroad, 180 Mo. 469; Fellenz v. Railroad, 106 Mo. App. 154; Cole y. Railroad, —Mo.—, 97 S. W. 555; Higgins v. Railroad, 197 Mo. 300, 95 S. W. 863. (2) The evidence contained in this record does…
1Opinion of the CourtBroaddus, P. J.
This is a suit for damages for an injury alleged to have been caused by the negligence of the defendant. The negligence is as follows:
“Plaintiff states that her said injury was directly and proximately caused by the defendant’s negligent acts of commission and omission; that the defendant’s agents and servants in charge of said car, in spite of *517the fact that it was a dark, stormy and snowy evening and in spite of the aforementioned and known custom and practice of driving or riding on the defendant’s track, negligently operated such car at a high, dangerous and excessive speed of ten miles an…
2Cases cited3 opinions
- Higgins v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1906
- McGauley v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- American Storage & Moving Co. v. St. Louis Transit Co.Missouri Court of Appeals · 1906
3Cited by4 opinions
- State Ex Rel. Hauck Bakery Co. v. HaidSupreme Court of Missouri · 1933
- Booth v. GilbertCourt of Appeals for the Eighth Circuit · 1935
- Haake ex rel. Haake v. DavisMissouri Court of Appeals · 1912
- Kimpell v. Duluth Street Railway Co.Supreme Court of Minnesota · 1927