Legal Opinion

Walquist v. Kansas City Railways Co.

Supreme Court of Missouri

Decided February 18, 1922PublishedCited by 6 opinions

Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) The court erred in admitting- incompetent, irrelevant and immaterial evidence offered by plaintiff, (a) Evidence of miscarriage, and diseased condition of ovaries and fallopian tubes was erroneous because not properly pleaded. Hall v. Coal Co., 260 Mo. 370; Shafer v. Dunham, 183 S. W. 670; Martin v. Ry. Co., 204 S. W. 589; Provance v. Ry. Co., 186 S. W. 955; Smith v. Ry. Co., 199 S. W. 707; Fink v. United Rys.

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Appeal from Jackson Circuit Court. — Hon. O. A. Lucas, Judge. (1) The court erred in admitting- incompetent, irrelevant and immaterial evidence offered by plaintiff, (a) Evidence of miscarriage, and diseased condition of ovaries and fallopian tubes was erroneous because not properly pleaded. Hall v. Coal Co., 260 Mo. 370; Shafer v. Dunham, 183 S. W. 670; Martin v. Ry. Co., 204 S. W. 589; Provance v. Ry. Co., 186 S. W. 955; Smith v. Ry. Co., 199 S. W. 707; Fink v. United Rys. Co., 219 S. W. 679. (b) Evidence of painful and irregular menses was erroneous because not pleaded. Berg-feld v.…

1Opinion of the Court

This case was commenced on September 25, 1918, and was tried at Kansas City, Missouri, on an amended petition, in which it is alleged that defendant is a corporation engaged in the transportation of passengers for hire; that it owns, operates and controls cars, tracks, etc., in Missouri and Kansas, and especially in the vicinity of 10th Street, in Kansas City, Kansas; that on or about the 5th day of September, 1918, plaintiff became a passenger for hire on one of defendant's north-bound Argentine-Minnesota Avenue cars, owned and operated by it; that the defendant, by and through its agents…

2Cases cited7 opinions

  1. Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
  2. Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
  3. State ex rel. Central Coal & Coke Co. v. EllisonSupreme Court of Missouri · 1917
  4. Magrane v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
  5. Schumacher v. Kansas City Breweries Co.Supreme Court of Missouri · 1912

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Layton v. PalmerSupreme Court of Missouri · 1958
  2. Devine v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1942
  3. Erbes v. Union Electric CompanySupreme Court of Missouri · 1962
  4. Moore v. ParksSupreme Court of Missouri · 1970
  5. Kuhlman v. Water, Light & Transit Co.Supreme Court of Missouri · 1925

1 more not listed; retrieve them via the Exa API.

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