Miller v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. William B. Teasdale, Judge. (1) The court erred in giving instruction numbered one at the request of plaintiff. It placed a greater burden on defendant than the law imposes, in that it declared the law to be that the car should not have been started until plaintiff had become seated. Dougherty v. Railroad, 9 Mo. App. 485; Dougherty v. Railroad, 81 Mo. 325; Maggioli v. Transit Co., 10 Mo.
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Appeal from Jackson Circuit Court. — Hon. William B. Teasdale, Judge. (1) The court erred in giving instruction numbered one at the request of plaintiff. It placed a greater burden on defendant than the law imposes, in that it declared the law to be that the car should not have been started until plaintiff had become seated. Dougherty v. Railroad, 9 Mo. App. 485; Dougherty v. Railroad, 81 Mo. 325; Maggioli v. Transit Co., 10 Mo. App. 421; Yarnel] 113 Mo. 576. (2) The court erred in refusing defendant’s instruction numbered two. If the crew in charge of the car did not see plaintiff in a…
1Opinion of the CourtJohnson, J.
Plaintiff sues to recover damages, for personal injuries which she charges were caused by the negligence of defendant. She had judgment in the sum of one thousand dollars, and defendant appealed.
From the evidence introduced by plaintiff, it appears .that on the morning of July 14, 1902, she attempted to become a passenger on a west-bound cable train operated by defendant on the Eighth street line of its street railway' system in Kansas City. The line consisted of two tracks, that on the north being used by west-bound and the one on the south for east-bound trains. The train, which consisted…
2Cases cited3 opinions
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Dougherty v. Missouri Pacific RailroadMissouri Court of Appeals · 1881
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
3Cited by1 opinion
- Conway v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912