Bartley v. Metropolitan Street Railway Co.
Supreme Court of Missouri
'Appeal from Jachson Circuit Court. — HoN. O. L. Dobson, Judge. (1) If, upon the pleadings and evidence, the plaintiff should not recover, then no error on the trial of the case can be ground for a new trial, and the order granting a new trial must be set aside and judgment entered for defendant upon the verdict. Homuth v. Eailroad, 129 Mo. 642; Yogg v. Eailroad, 138 Mo. 180. (2) There was no negligence on the part of defendant.
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'Appeal from Jachson Circuit Court. — HoN. O. L. Dobson, Judge. (1) If, upon the pleadings and evidence, the plaintiff should not recover, then no error on the trial of the case can be ground for a new trial, and the order granting a new trial must be set aside and judgment entered for defendant upon the verdict. Homuth v. Eailroad, 129 Mo. 642; Yogg v. Eailroad, 138 Mo. 180. (2) There was no negligence on the part of defendant. When plaintiff in his petition specifies a particular act of negligence,' he is confined thereto and can not recover on some other ground not specified. Waldhier v.…
1Opinion of the CourtMarshall, J.
Action to recover $25,000 damages for personal injuries.
The material allegations of the petition are, that defendant owns and operates a street railway in Kansas City, Missouri, which is operated “by means of an endless cable running' under ground, driven by steam force, the cars attached to said cable by a device called a fgrip-iron’ which may be tightened and loosened on said rope in such manner as to cause the cars to stop steadily or with a sudden jerk, in starting or while running, depending altogether upon the care used by defendant’s servants in charge thereof, known as the gripman;”…
2Cases cited12 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Mitchell v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1883
7 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Davis v. Kansas City Public Service Co.Supreme Court of Missouri · 1950
- Hedrick v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
24 more not listed; retrieve them via the Exa API.