Harrington v. Dunham
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Kimbrough Stone, Judge. (1) The court erred in giving instructions “AA” and “2,” and each of them. These instructions withdrew from the consideration of the jury issues of negligence which plaintiff was entitled to submit, (a) By “AA” the court erroneously instructed the jury that defendants’ motorman was guilty of no negligence after he saw the plaintiff in a position of peril.
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Appeal from Jackson Circuit Court. — Hon. Kimbrough Stone, Judge. (1) The court erred in giving instructions “AA” and “2,” and each of them. These instructions withdrew from the consideration of the jury issues of negligence which plaintiff was entitled to submit, (a) By “AA” the court erroneously instructed the jury that defendants’ motorman was guilty of no negligence after he saw the plaintiff in a position of peril. This in effect told the jury that in determining whether or not the failure to stop at the safety was negligent, the jury could consider nothing the motorman did or failed to…
1Opinion of the Court
WHITE, C.
The plaintiff sued for injuries received by collision with a street car operated by defendants. There was a verdict for the defendants and the plaintiff appealed.
*421' The place where the collision occurred was at the intersection of Blue Avenue and the defendant’s street railway tracks at a point between Kansas City and Independence. At that point Blue Avenue runs practically east and west, and two parallel street-car tracks cross it running north and south. Blue Avenue was a hundred feet wide, with a macad'amed track down the centre twenty-six feet wide. Along the east side of the…
2Cases cited8 opinions
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- Eckhard v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Beier v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1911
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bobos Ex Rel. Enders v. Krey Packing Co.Supreme Court of Missouri · 1927
- Toeneboehn v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1927
- Lackey v. United Railways Co.Supreme Court of Missouri · 1921
- State Ex Rel. Shell Petroleum Corp. v. HostetterSupreme Court of Missouri · 1941
- Schide v. GottschickSupreme Court of Missouri · 1931
11 more not listed; retrieve them via the Exa API.