Barnard v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James B. Goodrich, Judge. (1) The first and principal error of the court in this case was its refusal to give a peremptory instruction in favor of defendant. Cole v. Railroad, 121 M'o. App. 613; Ellerman v. Transit Co., 102 Mo. App. 295; Warner v. Railroad, 178 Mo. 125; Cogan v. Cass Ave. Railroad, 101 Mo. App. 190; Asphalt and Granitoid Construction Co. v. Transit Co., 102 Mo. App. 469; Hebeler v. Railroad, 132 Mo.
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Appeal from Jackson Circuit Court. — Hon. James B. Goodrich, Judge. (1) The first and principal error of the court in this case was its refusal to give a peremptory instruction in favor of defendant. Cole v. Railroad, 121 M'o. App. 613; Ellerman v. Transit Co., 102 Mo. App. 295; Warner v. Railroad, 178 Mo. 125; Cogan v. Cass Ave. Railroad, 101 Mo. App. 190; Asphalt and Granitoid Construction Co. v. Transit Co., 102 Mo. App. 469; Hebeler v. Railroad, 132 Mo. App. 551. (2) There is but one inference to be drawn from plaintiff’s acts and that is his failure to stop his horses was negligence on…
1Opinion of the CourtJohnson, J.
— Plaintiff sued to recover damages for personal injuries alleged to have been caused by the negligence of defendant. In addition to a general denial, the answer alleged “that if plaintiff received any injuries at the time mentioned in said petition, the same were caused by plaintiff’s own fault and negligence.” A trial to a jury resulted in a verdict and judgment for plaintiff and the cause is here on the appeal of defendant. Material facts disclosed by the evidence of plaintiff are as follows:
The injury occurred after dark in the evening of September 7, 1907, on Westport avenue in Kansas…
2Cases cited1 opinion
- Hebeler v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
3Cited by5 opinions
- Shortridge v. Scarritt Estate Co.Missouri Court of Appeals · 1910
- Flynn v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Perry v. FlemingMissouri Court of Appeals · 1927
- Smith v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1913
- Barnard v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910