Holzemer v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Herman Brumback, Judge. (1) Plaintiff’s first instruction was erroneous for two ■ reasons: (a) Because it enlarged the issues framed by the petition; (b) because it was not'justified by the evidence. The petition charged that it was the duty of the gripman to act when he saw the plaintiff in a situation where he was liable to be run into.
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Appeal from Jackson Circuit Court. — Hon. Herman Brumback, Judge. (1) Plaintiff’s first instruction was erroneous for two ■ reasons: (a) Because it enlarged the issues framed by the petition; (b) because it was not'justified by the evidence. The petition charged that it was the duty of the gripman to act when he saw the plaintiff in a situation where he was liable to be run into. The instruction told the jury it was his duty to act when he saw or could have seen plaintiff ‘1 going into a situation,” etc. There was no evidence that the grip-man could have seen the plaintiff going into'a…
1Opinion of the Court
WILLIAMS, C.
Plaintiff, while a pedestrian on one of the public streets in Kansas City, was struck by one of defendant’s street cars and injured. ’ This action is to recover damages for said injuries. Upon a second trial of the cause in the circuit court of Jackson county, plaintiff obtained a judgment for fifteen thousand dollars and defendant duly perfected an appeal to this court. That portion of the petition specifying the negligence of defendant was as follows:
“That the injuries to plaintiff, and the damages to plaintiff on account thereof, were caused by the carelessness and negligence…
2Cases cited8 opinions
- Cytron v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Riggs v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Sharp v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1908
- Heinzle v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cruce v. Gulf, Mobile & Ohio RailroadSupreme Court of Missouri · 1951
- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- Wilhelm Ex Rel. Wilhelm v. Kansas City Public Service Co.Supreme Court of Missouri · 1948
- James v. Kansas City Gas Co.Supreme Court of Missouri · 1930
- Petty v. Kansas City Public Service Co.Supreme Court of Missouri · 1945
7 more not listed; retrieve them via the Exa API.