Steele v. Kansas City Southern Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court, — lion. Waller A. Powell, Judge. (1) It was proper to submit tbe case to tbe jury on tbe evidence supporting tbe allegation that defendant’s servants saw or by tbe exercise of ordinary care could have seen plaintiff in a position of peril in time to have avoided injury to plaintiff by stopping tbe train.
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Appeal from Jackson Circuit Court, — lion. Waller A. Powell, Judge. (1) It was proper to submit tbe case to tbe jury on tbe evidence supporting tbe allegation that defendant’s servants saw or by tbe exercise of ordinary care could have seen plaintiff in a position of peril in time to have avoided injury to plaintiff by stopping tbe train. Scullin v. Railroad, 184 Mo. 695. (2) It was proper to submit the ease to the jury ou the ground that defendant negligently operated the train over and toward street crossings on a public street at a place where, .to defendant’s knowledge, pedestrians were…
1Opinion of the CourtFaris, P. J.
Action for personal injuries. Plaintiff below, who is appellant here, obtained a verdict, which, upon motion of defendant, was set aside and a new trial granted by the court. From this order *101granting a new trial plaintiff appeals. The ground for the granting of a new trial was that the court had erred in refusing to sustain defendant’s demurrer to the evidence and in refusing to give a peremptory instruction requested by defendant that the finding of the jury should be for defendant.
The facts in the case so far as they are pertinent to the questions raised upon this appeal are about as…
2Cases cited19 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Montgomery v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
- Conner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
- Sheperd v. St. Louis Transit Co.Supreme Court of Missouri · 1905
14 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Smithers v. BarkerSupreme Court of Missouri · 1937
- Kanopka v. KanopkaSupreme Court of Connecticut · 1931
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Ellegood v. Brashear Freight Lines, Inc.Missouri Court of Appeals · 1942
- State v. WashingtonSupreme Court of Missouri · 1964
81 more not listed; retrieve them via the Exa API.