Meeker v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Ho». Jas. H. Slover, Judge. (1) The court erred in admitting incompetent evidence, namely, that of an alleged expert, as to distance in which a train could he stopped. Maher v. Railroad, 64 Mo. 276; Mammerberg v. Railroad, 62 Mo. App. 567; Senn v. Railroad, 108 Mo. 150; Turner v. Hoar, 114 Mo. 335; Benjamin v. Railroad, 50 Mo.
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Appeal from Jackson Circuit Court. — Ho». Jas. H. Slover, Judge. (1) The court erred in admitting incompetent evidence, namely, that of an alleged expert, as to distance in which a train could he stopped. Maher v. Railroad, 64 Mo. 276; Mammerberg v. Railroad, 62 Mo. App. 567; Senn v. Railroad, 108 Mo. 150; Turner v. Hoar, 114 Mo. 335; Benjamin v. Railroad, 50 Mo. App. 602; Culbertson v. Railroad, 140 Mo. 59; Ruschenberg v. Railroad, 161 Mo. 81. (2) The court erred in refusing to sustain the demurrer offered by the defendant. There was no evidence of any negligence on the part of the gripman.…
1Opinion of the CourtMarshall, J.
This is an action, under the statute, by the parents, to recover five thousand dollars damages for the death of their four-year- old daughter, Herrietta, caused by being run over by one of the defendant’s cable cars, at the corner of Summitt avenue and Twenty-third street, in Kansas City, on July 9, *1761900, at about 9 o’clock a. m. There was a judgment below for the plaintiffs for the amount claimed, and the defendant appealed.
The negligence charged in the petition is that the defendant’s servants “saw the child upon the tracks of said defendant and approaching there at said crossing of…
2Cases cited3 opinions
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
- Baird v. Citizens' Railway Co.Supreme Court of Missouri · 1898
- Livingston v. Wabash RailroadSupreme Court of Missouri · 1902
3Cited by6 opinions
- Higgins v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1906
- Heinzle v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
- Ross v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Bennett v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Waddell v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
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