Cartlich v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. A. L. Cooper, Special Judge. (1) The court erred in refusing to sustain the demurrer offered by the appellant at the close of the evidence of the plaintiff, and manifestly erred in overruling the appellant’s peremptory request for a verdict in its favor at the conclusion of the whole case. The evidence fails to establish a case against the appellant and conclusively shows that appellant was not guilty of any negligence whatsoever.
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Appeal from Jackson Circuit Court. — Hon. A. L. Cooper, Special Judge. (1) The court erred in refusing to sustain the demurrer offered by the appellant at the close of the evidence of the plaintiff, and manifestly erred in overruling the appellant’s peremptory request for a verdict in its favor at the conclusion of the whole case. The evidence fails to establish a case against the appellant and conclusively shows that appellant was not guilty of any negligence whatsoever. R. S. 1889, sec. 866; Musser v. I-Iarwood, 23 Mo. App. 495; Whitsett v. Ransome, 79 Mo. 260; Empey v. Railroad, 45 Mo.…
1Opinion of the CourtJohnson, J.
Plaintiff was a passenger on an electric street car operated by defendant on its Holmes street line in Kansas City and was injured while attempting to alight from the car at Twenty-ninth and Holmes streets, a regular stopping place. She alleges in her petition that her injury was the result of the negligent failure of defendant to hold the car stationary a sufficient time for her to accomplish her departure in safety. She recovered a verdict and judgment in the sum of fifteen hundred dollars and defendant appealed.
The negligence charged in the petition is “that the car stopped for plaintiff…
2Cases cited3 opinions
- Pickens v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Lehnick v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Empey v. Grand Avenue Cable Co.Missouri Court of Appeals · 1891
3Cited by4 opinions
- Dalton v. RedemeyerMissouri Court of Appeals · 1910
- Scott v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915
- Sparkman v. Wabash RailroadMissouri Court of Appeals · 1915
- Uetz v. SkinnerMissouri Court of Appeals · 1923