Allen v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Brumbaelc, Judge. Plaintiff made out a prima facie case; it was shown that no alarm bell was rung as the car went around the curve; that this curve was dangerous and no watchman was stationed there; that the car went around this curve at an unreasonable rate of speed; that had the motorman kept an outlook for pedestrians he could have seen Mr. Allen on or approaching the track and could have avoided injuring him; that even…
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Appeal from Jackson Circuit Court. — Hon. Hermann Brumbaelc, Judge. Plaintiff made out a prima facie case; it was shown that no alarm bell was rung as the car went around the curve; that this curve was dangerous and no watchman was stationed there; that the car went around this curve at an unreasonable rate of speed; that had the motorman kept an outlook for pedestrians he could have seen Mr. Allen on or approaching the track and could have avoided injuring him; that even going at eight miles an hour, the motorman could have stopped his car within ten feet, and had he been going at two to…
1Opinion of the CourtEllison, J.
Plaintiff’s husband died from injuries which she alleges were inflicted by one of defendant’s street cars, through the negligence of defendant’s servants who were operating the car. At the close of the evidence for plaintiff, defendant offered a peremptory instruction directing a verdict for it, which the court gave, and plaintiff took a nonsuit.
An examination of the record satisfies us that •while there was evidence which would tend to show *589that deceased was struck by the. car there was none whatever to show negligence on the part of the defendant. Whatever legitimate or reasonable inference…
2Cases cited3 opinions
- McClure v. CampbellSupreme Court of Missouri · 1899
- Lewis v. Center Creek Mining Co.Supreme Court of Missouri · 1906
- Carter v. O'NeillMissouri Court of Appeals · 1903
3Cited by2 opinions
- Thaler v. NiedermeyerMissouri Court of Appeals · 1914
- Arnold v. Aetna Life InsuranceMissouri Court of Appeals · 1912