Rawson v. Kansas City Elevated Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jackson L. Smith, Special Judge. (1) Plaintiff’s petition does not state a cause of action. There is no allegation of negligence. Gray v. Hornbeck, 31 Mo. 399; Dyer v. Railroad, 34 Mo. 127; Brown v. Railway, 33 Mo. 309; Loehring v. Construction Co., 118 Mo. App. 163; Shaw v. Goldman, 116 Mo.
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Appeal from Jackson Circuit Court. — Hon. Jackson L. Smith, Special Judge. (1) Plaintiff’s petition does not state a cause of action. There is no allegation of negligence. Gray v. Hornbeck, 31 Mo. 399; Dyer v. Railroad, 34 Mo. 127; Brown v. Railway, 33 Mo. 309; Loehring v. Construction Co., 118 Mo. App. 163; Shaw v. Goldman, 116 Mo. App. 332. (1) Plaintiff’s petition states a cause of action and is perfectly good in a passenger case. ' 3 Thompson on Negligence (2 Ed.), sec. 2574; Feary v. Railroad, 162 Mo. 75; Allen v. Traction Co., 181 Mo. 435; Ileyde v. Transit Co., 102 Mo. App. 541; Bell…
1Opinion of the CourtEllison, J.
Plaintiff was a passenger on one of defendant’s street cars and was injured. She brought this action for damages alleged to have resulted on account of such injury and recovered in the trial court. The defendant makes the point that a cause of action is not stated in the petition, in that it does not charge that the occurrence which hurt the plaintiff was brought about through defendant’s fault, or by its negligence. That part of the petition necessary to notice is as follows:
“Plaintiff states that she left the car on which she was a passenger, as aforesaid, at Ninth and Mulberry streets, at…
2Cases cited6 opinions
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- McCarty v. Rood Hotel Co.Supreme Court of Missouri · 1898
- Hamilton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Hamilton v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- Dyer v. Pacific RailroadSupreme Court of Missouri · 1863
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3Cited by5 opinions
- Whitmore v. HerrickSupreme Court of Iowa · 1928
- Prash v. Wabash RailroadMissouri Court of Appeals · 1910
- Hurley v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1913
- Curry v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1927
- Ex Parte LingenfelterCourt of Criminal Appeals of Texas · 1911