Toncrey v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Brumback, Judge. (1) The evidence was not sufficient to entitle the plaintiff to recover, and the court erred in refusing to give defendant’s peremptory instruction asked at the close of plaintiff’s evidence, and again at the conclusion of all the evidence. Smart v. Kansas City, 91 M'o. App. 593; Smith v. Bank, 99 Mass. 612; Glasscock v. Swofford Bros., 106 Mo. App. 657; Franklin v. Railroad, 97 Mo.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Hermann Brumback, Judge. (1) The evidence was not sufficient to entitle the plaintiff to recover, and the court erred in refusing to give defendant’s peremptory instruction asked at the close of plaintiff’s evidence, and again at the conclusion of all the evidence. Smart v. Kansas City, 91 M'o. App. 593; Smith v. Bank, 99 Mass. 612; Glasscock v. Swofford Bros., 106 Mo. App. 657; Franklin v. Railroad, 97 Mo. App. 473; Kelley v. Railroad, 105 Mo. App. 365. (2) The court erred in giving instructions 1, 2, 3, 8 and 9 asked by plaintiff, and each of them,…
1Opinion of the CourtEllison, J.
Plaintiff was an employee of the defendant as a conductor on one of its street cars. He suffered injury which he alleges was caused by the negligence of defendant. He thereupon brought this action and recovered judgment in the trial court.
It appears that plaintiff in the capacity of a conductor was in charge of one of defendant’s street cars traveling south on Summit street in Kansas Oity, and was at the foot of a long and somewhat steep' hill, or, as has been expressed, at the bottom of a long incline. That other of defendant’s servants, a conductor and gripman, were in charge of what is…
2Cases cited14 opinions
- Livingston & Gilchrist v. Maryland InsuranceSupreme Court of the United States · 1813
- Cahn v. ReidMissouri Court of Appeals · 1885
- Clark v. HammerleSupreme Court of Missouri · 1858
- State v. LentzSupreme Court of Missouri · 1904
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Wilks v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Riegel v. Loose-Wiles Biscuit Co.Missouri Court of Appeals · 1913