Legal Opinion

Conway v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided January 22, 1912PublishedCited by 5 opinions

Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The court erred in not sustaining demurrer asked by the defendant at the close of the plaintiff’s case. Quinn v. Railroad, 218 Mo. 545. (2) The court erred in excluding testimony offered by the defendant. Ayers v. Railroad, 190 Mo. 1. c. 235; Anderson v. Railroad, 161 Mo. 411. (3) The court erred in not sustaining the motion for a new trial. Howland v. Reeves, 25 Mo.

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Appeal from Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) The court erred in not sustaining demurrer asked by the defendant at the close of the plaintiff’s case. Quinn v. Railroad, 218 Mo. 545. (2) The court erred in excluding testimony offered by the defendant. Ayers v. Railroad, 190 Mo. 1. c. 235; Anderson v. Railroad, 161 Mo. 411. (3) The court erred in not sustaining the motion for a new trial. Howland v. Reeves, 25 Mo. App. 458. (.1) The court did not err in refusing to sustain demurrer asked by defendant at the close of plaintiff’s case. Dougherty v. Railroad, 9 Mo. App.…

1Opinion of the CourtJohnson, J.

Plaintiff sued to recover damages for personal injuries she alleges were caused by negligence of defendant. The jury returned a verdict in her favor and, after its motions for a new trial and in arrest of judgment were overruled, defendant appealed.

The injury occurred in the evening of August 5, 1909, at the intersection of Oak and Twelfth streets in Kansas City. An eastbound electric car on defend*83ant’s Twelfth street line stopped at this intersection to discharge and receive passengers and plaintiff was one of four or five persons who boarded the car for the purpose of becoming passengers…

2Cases cited5 opinions

  1. Ayers v. Wabash RailroadSupreme Court of Missouri · 1905
  2. Benjamin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1892
  3. O'Neill v. Kansas CitySupreme Court of Missouri · 1903
  4. Quinn v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
  5. Miller v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907

3Cited by5 opinions

  1. State v. GardnerSupreme Court of Missouri · 2000
  2. Stafford v. LyonSupreme Court of Missouri · 1967
  3. Stoll, Exr. v. Rich, Exr.Indiana Court of Appeals · 1929
  4. Gabriel v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
  5. March v. VandiverMissouri Court of Appeals · 1914

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