Reynolds v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) No joint action could be maintained against both appellants as joint tort-feasors. Martinowsky v. Hannibal, 35 Mo. App. 70; Stanley v. Union Depot Company, 114 Mo. 606. (2) There was no substantial evidence to sustain the negligence charged against this appellant; in fact, there was ño evidence upon which to submit the case to the jury. Spiro v. Transit Co., 102 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) No joint action could be maintained against both appellants as joint tort-feasors. Martinowsky v. Hannibal, 35 Mo. App. 70; Stanley v. Union Depot Company, 114 Mo. 606. (2) There was no substantial evidence to sustain the negligence charged against this appellant; in fact, there was ño evidence upon which to submit the case to the jury. Spiro v. Transit Co., 102 Mo. App. 250; Gunley v. Railroad, 104 Mo. 211; Lionberger v. Pohlman, 16 Mo. App. 392; Powell v. Railroad, 76 Mo. 84; Mauerman v. Railroad, 41 Mo. App. 348;…
1Opinion of the CourtJohnson, J.
Plaintiff sued the Metropolitan Street Railway Company and Kansas City to recover damages for personal injuries she alleges were caused by negligence of both defendants. Separate answers were filed traversing the petition and alleging the defense of contributory negligence. The jury returned a verdict of $5500 against both defendants but on the hearing of the motion for a new trial a remittitur of $2000 was entered and judgment was rendered for plaintiff for $3500'. Both defendants appealed. The petition alleges “that at a point on Troost avenue, a short distance south of the south line of…
2Cases cited5 opinions
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Newcomb v. New York Central & Hudson River RailroadSupreme Court of Missouri · 1902
- Brash v. City of St. LouisSupreme Court of Missouri · 1901
- Weathers v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1905
3Cited by4 opinions
- Watson v. Chevrolet Motor Co. of St. LouisCourt of Appeals for the Eighth Circuit · 1934
- Berryman v. Peoples Motorbus Co.Missouri Court of Appeals · 1932
- Hammond v. Kansas, O. & G. R. Co.Supreme Court of Oklahoma · 1925
- Gay v. SamplesMissouri Court of Appeals · 1933