Benjamin v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Walter A. Potoell, Judge. (1) The evidence shows conclusively there was no misconduct upon the part of Clark and the motion for new trial should not have been sustained on that account. State ex inf. v. Clark, 134 Mo.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Potoell, Judge. (1) The evidence shows conclusively there was no misconduct upon the part of Clark and the motion for new trial should not have been sustained on that account. State ex inf. v. Clark, 134 Mo. App. 55; Feary v. Eailroad, 162 Mo. 106; Kennedy v. Holladay, 105 Mo. 24; State v. Shipley, 171 Mo. 550.; State v. Gray, 172 Mo. 435; Hamberger v. Einkel, 164 Mo. 406; Paramore v. Lindsey, 63 Mo. 67; Bank v. Fults & Co., 115 Mo. App. 49; Mule Co. v. Eeed, 114 Mo. App. 305; McGraw v. O’Neil, 123 Mo. App. 707; Meriwether v. Knapp & Co.,…
1Opinion of the CourtValliant, C. J.
— Plaintiff sues for damages for personal injuries alleged to have been sustained *605by ber through the negligence of the defendant while she, as a passenger, was attempting to board one of defendant’s street cars. The amount óf damages claimed is $10,000.
The negligence charged in the petition is: “While the plaintiff was in the act of getting upon said ear, and while she was in a position of peril, all of which was known or, by the exercise of due care, should have been known -to the defendant, it negligently started said car and negligently suddenly started said car, and the plaintiff by…
2Cases cited8 opinions
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Sheperd v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Millar v. Madison Car Co.Supreme Court of Missouri · 1895
- Donovan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Zander v. St. Louis Transit Co.Supreme Court of Missouri · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Smith v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- Higgins v. Terminal RR Ass'n of St. LouisSupreme Court of Missouri · 1951
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Bobos Ex Rel. Enders v. Krey Packing Co.Supreme Court of Missouri · 1927
- O'Donnell v. Baltimore & Ohio RailroadSupreme Court of Missouri · 1930
41 more not listed; retrieve them via the Exa API.