Legal Opinion

Moore v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided May 24, 1915PublishedCited by 2 opinions

Appeal from Jackson Circuit Court. — Eon. 0. A. Lucas, Judge. (1) The court erred in refusing to give appellants’ instruction in the nature of a demurrer to the evidence at the close of the plaintiff’s case; as well as appellants ’ instruction in the nature of a demurrer at the close of the entire case. Andrews v. Lynch, 27 Mo. 167; Syme v. The Indiana, 28 Mo. 335; Ivory v. Carlin, 20 Mo. 142; Staley Co. v. Wallace, 21 Mo. App. 128; Houck v. Bridwell, 28 Mo.

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Appeal from Jackson Circuit Court. — Eon. 0. A. Lucas, Judge. (1) The court erred in refusing to give appellants’ instruction in the nature of a demurrer to the evidence at the close of the plaintiff’s case; as well as appellants ’ instruction in the nature of a demurrer at the close of the entire case. Andrews v. Lynch, 27 Mo. 167; Syme v. The Indiana, 28 Mo. 335; Ivory v. Carlin, 20 Mo. 142; Staley Co. v. Wallace, 21 Mo. App. 128; Houck v. Bridwell, 28 Mo. App. 644; Boatmen’s Bank v. McMenamy, 35 Mo. App. 198 ; Paddock v. Somes, 102 Mo. 226; Hudson v. Cahoon, 193 Mo. 547; Hubbard v.…

1Opinion of the CourtJohnson, J.

Plaintiff jumped from a moving street car on which he was riding as a passenger and sustained injuries which he alleges were caused by negligence in the operation of the car. He sued the Metropolitan Street Railway Company, the owner, and . Ford F. Harvey and Robert J. Dunham, the receivers of that company. The petition alleges that the defendant company “at all times herein mentioned, operated and controlled ... a certain line of street railway in Kansas City known as the Twelfth street line; that the defendants Ford F. Harvey and Robert J. Dunham, are, and were at all the times herein…

2Cases cited22 opinions

  1. State v. BurgdoerferSupreme Court of Missouri · 1891
  2. Taylor v. Grand Avenue RailwaySupreme Court of Missouri · 1904
  3. Jones v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1913
  4. Ephland v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1894
  5. McPeak v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895

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3Cited by2 opinions

  1. Simpson v. WellsSupreme Court of Missouri · 1922
  2. Stanley v. HelmMissouri Court of Appeals · 1920

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