Sharp v. Kansas City Cable Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court.—Hon. R. H. Eield, Judge. (1) The court erred in compelling plaintiff to carry the burden of proof through the trial.
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Appeal from Jackson Circuit Court.—Hon. R. H. Eield, Judge. (1) The court erred in compelling plaintiff to carry the burden of proof through the trial. Lemon v. Chanslor, 68 Mo. 340; Hipsley v. Railroad, 88 Mo. 348; Coudy v. Railroad, 85 Mo. 85; Crane v. Raib'oad, 87 Mo. 588; Dougherty v. Railroad, 97 Mo. 647. “Plaintiff need only allege in his petition what he is bound to prove to make out his prima facie case. ” Crane v. Railroad, 87 Mo. 588; Thompson on Carriers of Passengers, 547. “The obligation of a carrier to carry safely arises out of a public duty and not from, any contract to do…
1Opinion of the CourtBlack, P. J.
This was a suit to recover damages for injuries sustained by the plaintiff in February, 1888, while a passenger on defendant’s road. The appeal is prosecuted by the plaintiff from a verdict and judgment in favor of the defendant.
The defendant owns and operates a cable street railroad from Union avenue in Kansas City eastward. The tracks at Union avenue rest upon trestle work some thirty feet above the ground. From there east tc Jefferson street, a distance of about a quarter of a mile, there is a steep up grade. Plaintiff took passage at Union avenue on a train composed of a grip car and a…
2Cases cited9 opinions
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- State v. BranstetterSupreme Court of Missouri · 1877
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Crowe v. PetersSupreme Court of Missouri · 1876
- Coudy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Stolle v. Anheuser-Busch Inc.Supreme Court of Missouri · 1925
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Removich v. Bambrick Bros. Construction Co.Supreme Court of Missouri · 1915
12 more not listed; retrieve them via the Exa API.