Vessels v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Jaolcson L. Smith, Special Judge. (1) The court should have directed a verdict for defendant because under all the evidence plaintiff was not entitled to recover. Ashbrook v. Railway Co., 18 Mo.
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Appeal from Jackson Circuit Court. — Eon. Jaolcson L. Smith, Special Judge. (1) The court should have directed a verdict for defendant because under all the evidence plaintiff was not entitled to recover. Ashbrook v. Railway Co., 18 Mo. App. 290; Willmott v. Railway Co., 106 Mo. 535; Petty v. Railroad, 179 Mo. 666; Lee v. Jones, 181 Mo. 291; Sweeney v. Railway, 150 Mo. 386; Parks v. Railway, 178 Mo. 108. (2) Plaintiffs’ instruction number 1 is erroneous in that it is predicated upon a state of facts not pleaded nor proved. Meiley v. Railroad, 107 Mo. App. 466; Marr v. Bunkler, 92 M'o. App.…
1Opinion of the CourtJohnson, J.
Plaintiff was injured while riding as a passenger on a street car operated by defendant, and sues to recover the damages sustained on the ground that they were caused by the negligence of defendant. Verdict and judgment were for plaintiff and defendant appealed.
The first complaint of defendant relates to the refusal of the trial court to instruct the jury peremptorily to return a verdict in its favor. At about five o’clock in the afternoon of February 2, 1904, plaintiff (a minor) became, a passenger on an east bound cable train operated by defendant on one of its lines of street railway in…
2Cases cited10 opinions
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
- Willmott v. Corrigan Consolidated Street Railway Co.Supreme Court of Missouri · 1891
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3Cited by3 opinions
- Chicago, Terre Haute & Southeastern Railway Co. v. BarnesIndiana Court of Appeals · 1918
- Kirkpatrick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Taylor v. Bamberger Electric R.Utah Supreme Court · 1923