Elliott v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — lion. James H. Slover, Judge. (1) Carriers of passengers not being insurers of the safety of passengers are not liable for injuries to such passengers unless negligence is shown. "Witters v. Railroad, 132 S. W. 38; Hite v. Railroad, 130 Mo. 132 and cases cited; Pryor v. Railroad, 85 Mo. App. 379; Evers v. Wiggins Perry Co., 116 Mo.
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Appeal from the Jackson Circuit Court. — lion. James H. Slover, Judge. (1) Carriers of passengers not being insurers of the safety of passengers are not liable for injuries to such passengers unless negligence is shown. "Witters v. Railroad, 132 S. W. 38; Hite v. Railroad, 130 Mo. 132 and cases cited; Pryor v. Railroad, 85 Mo. App. 379; Evers v. Wiggins Perry Co., 116 Mo. App. 130, 138, and cases cited; Saxton v. Railroad, 98 Mo. 503, and cases cited; Banks v. Railroad, 40 Mo. App. 464; Webb’s Pollock on Torts (Enlarged Am. Ed.), pp. 45, 46. (2) Plaintiff cannot recover on a cause of action…
1Opinion of the CourtJohnson, J.
— This is a suit for personal injuries alleged to have been caused by negligence of the defendant, a street railway company. Plaintiff, a woman seventy years old, was a passenger on an electric street car operated by defendant on its Independence avenue line in Kansas City. According to her allegations and proof, the car, which was eastbound, stopped at the corner of Eighth street and Grand avenue to receive and discharge passengers”, and a number of passengers, including plaintiff, pro*520ceeded to leave the car. Plaintiff left her seat, walked down the aisle, and had reached the door into the…
2Cases cited4 opinions
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Kirby v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Morgan v. SmithMissouri Court of Appeals · 1907
- Zeiler v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911
3Cited by5 opinions
- Barlow v. ThornhillSupreme Court of Missouri · 1976
- Mentzer v. MentzerSupreme Court of Missouri · 1930
- Morris v. Union Depot Bridge & Terminal RailroadSupreme Court of Missouri · 1928
- Cooley v. DunhamMissouri Court of Appeals · 1917
- Maier v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914