Lowe v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Hermann Brumbach, Judge. (1) The court erred in overruling the demurrer of defendant offered at the close of plaintiff’s evidence, and at the close of all the testimony, because plaintiff’s own evidence shows she was guilty of contributory negligence. Woodson j-. Kansas City, 123 S. W. 820; Roberts v. Tel.
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Appeal from Jackson Circuit Court. — Hon. Hermann Brumbach, Judge. (1) The court erred in overruling the demurrer of defendant offered at the close of plaintiff’s evidence, and at the close of all the testimony, because plaintiff’s own evidence shows she was guilty of contributory negligence. Woodson j-. Kansas City, 123 S. W. 820; Roberts v. Tel. Co., 166 Mo. 371; Cohn v. Kansas City, 108 Mo. 393; Butterfield v. Forster, 11 East 60; Davis v. Railroad, 105 Calif. 131; Yahm v. Ottowa, 60 la. 429; Foraker v. Sandy Lake, 130 Pa. St. 123; Moore v. Huntington, 31 W. Ya. 842; Clowney v. Kalamazoo,…
1Opinion of the CourtJohnson, J.
While crossing over street railway tracks maintained by defendant on St. John avenue, a public street in Kansas City, plaintiff fell into an unguarded hole and was injured. This action is for damages sustained by her and is founded on negligence of defendant which the petition alleges was the proximate cause of the injury. The answer is a general traverse and a plea of contributory negligence. Plaintiff prevailed in the trial court where she recovered judgment for one thousand dollars. Defendant contends that the court should have peremptorily instructed the jury to return a verdict in its…
2Cases cited4 opinions
- Woodson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Heberling v. City of WarrensburgSupreme Court of Missouri · 1907
- Diamond v. Kansas CityMissouri Court of Appeals · 1906
- Hobart-Lee Tie Co. v. StoneMissouri Court of Appeals · 1909
3Cited by2 opinions
- Brisboise v. Kansas City Public Service Co.Supreme Court of Missouri · 1957
- Baltimore & OR Co. v. McBrideCourt of Appeals for the Sixth Circuit · 1930