Ely v. Southwest Missouri Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. E. L. Bright, Judge. (1) Plaintiff was not entitled to recover under tbe pleading and evidence in this case. Tlie petition alleges one state of facts and the proof shows an entirely different state of facts. Behen v. Transit Co., 186 Mo. 439; Murphy v. Transit Co., 125 Mo. App. 274; Nellis, Street Surface Railroads, 484; Jacobson v. Transit Co., 106 Mo. App. 347; Yarnell y.
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Appeal from Jasper Circuit Court. — Eon. E. L. Bright, Judge. (1) Plaintiff was not entitled to recover under tbe pleading and evidence in this case. Tlie petition alleges one state of facts and the proof shows an entirely different state of facts. Behen v. Transit Co., 186 Mo. 439; Murphy v. Transit Co., 125 Mo. App. 274; Nellis, Street Surface Railroads, 484; Jacobson v. Transit Co., 106 Mo. App. 347; Yarnell y. Railroad, 113 Mo. 578. (2) Where a party attempts to get off a car that is not stopped to let passengers off (even though slowed up), without knowledge of conductor or motorman,…
1Opinion of the CourtGray, J.
This action was instituted by respondent in the circuit court of Jasper county, on the 12th day of September,-1908, to recover from appellant the sum of $10,000, on account of the death of respondent’s husband, the Reverend Simpson Ely, caused, as the plaintiff claims and alleges, by the negligence of appellant.
• The petition alleges that the defendant was at the times mentioned therein, a corporation existing by virtue of the laws of this State, and as such, was operating a street or electric railroad in the city of Joplin, as a common carrier of passengers; that on the 5th day of July,…
2Cases cited14 opinions
- McGann v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
- Etson v. Fort Wayne & Belle Isle Railway Co.Michigan Supreme Court · 1896
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- McMahon v. McDonaldCourt of Appeals of Texas · 1908
- Patterson v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1894
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3Cited by1 opinion
- Hudson v. Southwest Missouri RailroadMissouri Court of Appeals · 1913