Bennett v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». E. E. Yates, Special Judge. (1) Tlie court erred in overruling the demurrer to the evidence tendered by defendant at the close of plaintiff’s evidence and refusing to give the peremptory instruction asked by the defendant, at the close of all the evidence in the c^ise, for the reason that plaintiff has no cause of action against the defendant. The defendant was not negligent. The plaintiff was negligent.
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Appeal from Jackson Circuit Court. — No». E. E. Yates, Special Judge. (1) Tlie court erred in overruling the demurrer to the evidence tendered by defendant at the close of plaintiff’s evidence and refusing to give the peremptory instruction asked by the defendant, at the close of all the evidence in the c^ise, for the reason that plaintiff has no cause of action against the defendant. The defendant was not negligent. The plaintiff was negligent. Davies v. Railroad, 159 Mo. 6; Moore v. Railroad, 176 Mo. 547; Petty v. Railroad, 179 Mo. 666; Reno v. Railroad, 180 Mo. 489; Aldrich v. Transit Co.,…
1Opinion of the CourtJohnson, J.
Plaintiff sued to recover damages resulting from personal injury alleged to have been caused by the negligence of defendant and obtained a judgment in the sum of $3,500, from which defendant appealed. At the conclusion of all the evidence, as well as at the close of that offered by plaintiff, defendant unsuccessfully requested the court to give a peremptory instruction to the jury in its favor and now insists that error was committed in submitting any issues to the jury.
The injury occurred near eight o’clock in the morning of August 12, 1902, on Fifth street between Tenney and Northrup…
2Cases cited26 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Davies v. People's Railway Co.Supreme Court of Missouri · 1900
- Markowitz v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
21 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Hoelker v. American PressSupreme Court of Missouri · 1927
- Quinley v. Springfield Traction Co.Missouri Court of Appeals · 1914
- Osborn v. Wabash RailroadMissouri Court of Appeals · 1914
- Underwood v. Saint Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1915
- Ross v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
4 more not listed; retrieve them via the Exa API.