Huff v. St. Joseph Railway, Light, Heat & Power Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) It was error to exclude evidence showing that the railway company had laid its tracks in the street without any authority from the city to do so, and that they were trespassers in said street.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) It was error to exclude evidence showing that the railway company had laid its tracks in the street without any authority from the city to do so, and that they were trespassers in said street. This record shows that such evidence was peculiarly competent in view of the fact that the court by instruction 3, given for the defendant railway company, and after having excluded such evidence, told the jury that the company had a right in such street. Street railway tracks placed in a public street of a city without a franchise…
1Opinion of the CourtWoodson, J.
This suit was begun in the circuit court of Buchanan county, and was to recover the sum of $5,000 damages for personal injuries sustained by plaintiff in consequence of a fall, caused by the alleged negligence of the defendant in permitting one of the streets of the city to become and remain in an unsafe and dangerous condition, by permitting the tracks of the railway company to extend several inches above the surface of the street, which caused her to trip and fall while passing over them.
There was a trial upon the merits before the court and a jury, which resulted in a verdict and judgment…
2Cited by17 opinions
- Steele v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1915
- State Farm Mut. Automobile Ins. Co. v. BonacciCourt of Appeals for the Eighth Circuit · 1940
- Culver v. Lehigh Valley Transit Co.Supreme Court of Pennsylvania · 1936
- Hoelker v. American PressSupreme Court of Missouri · 1927
- Downs v. Racine-Sattley Co.Missouri Court of Appeals · 1914
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