Culbertson v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from, Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) There was error in admitting in evidence section 701 of the Eevised Ordinances. This section had no application in the case of a vehicle meeting a street railway train.
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Appeal from, Cass Circuit Court. — Hon. W. W. Wood, Judge. (1) There was error in admitting in evidence section 701 of the Eevised Ordinances. This section had no application in the case of a vehicle meeting a street railway train. Booth on Street Eailways, sec. 302; Spurrier v. Bailroad, 3 Wash. -659; Began v. Bailroad, 15 N. Y. 380. (2) There was error in admitting proof that defendant was notified of the fact that Looney was a drinking man, and that he was in the habit of drinking before the accident. This testimony was wholly immaterial, for if the flagman was negligent, then defendant…
1Opinion of the CourtGantt, P. J.
This is an action by the widow of William Culbertson, deceased, for damages occasioned by the killing of her husband in a collision between a cable street car on defendant’s road in Kansas City with a buggy in which plaintiff’s husband was riding and driving at the time. The action was commenced in Jackson county and a change of venue was awarded to Cass county, where there was a verdict and judgment for $5,000, from which defendant appeals.
Plaintiff’s husband was killed a few feet noi'th of “the junction” of Delaware and Ninth streets in Kansas City on May 27, 1893.
To intelligently…
2Cases cited8 opinions
- Warner v. . the New York Cen. R.R. Co.New York Court of Appeals · 1871
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- King v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Lynch v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Crumpley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Bebout v. KurnSupreme Court of Missouri · 1941
- Heinzle v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1904
12 more not listed; retrieve them via the Exa API.