Wren v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — How-. William B. Teasdale, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Cramer v. Traction Co., 112 Mo. App. 363; Hurt v. Railroad, 94 Mo. 263; Deming v. Railroad, 80 Mo. App. 156. (2) The court erred in giving plaintiff’s instruction number one. See authorities under point I. (3) The court erred in refusing to give defendant’s instruction number thirteen. Madison v. Railroad, 60 Mo.
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Appeal from Jackson Circuit Court. — How-. William B. Teasdale, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Cramer v. Traction Co., 112 Mo. App. 363; Hurt v. Railroad, 94 Mo. 263; Deming v. Railroad, 80 Mo. App. 156. (2) The court erred in giving plaintiff’s instruction number one. See authorities under point I. (3) The court erred in refusing to give defendant’s instruction number thirteen. Madison v. Railroad, 60 Mo. App. 608; Gray v. McDonald, 28 Mo. App. 492; Kraft v. McBoyd, 32 Mo. App. 309. (4) The court erred in admitting and rejecting…
1Opinion of the CourtEllison, J.
The plaintiff’s action is for injuries alleged to have been received by reason of defendant’s negligence. She prevailed in the trial court. The negligence charged consisted in starting the car with a *606sudden jerk while plaintiff was in the act of alighting by stepping from the platform to the car step in order to reach the street, whereby she was thrown down onto the street. There was evidence tending to support plaintiff’s case and there was also evidence tending to support the defense.
A number of objections were taken by defendant which we deem not sound. We think the petition states a cause…
2Cases cited4 opinions
- Livingston & Gilchrist v. Maryland InsuranceSupreme Court of the United States · 1813
- Cahn v. ReidMissouri Court of Appeals · 1885
- Murray v. St. Louis Transit Co.Supreme Court of Missouri · 1903
- Gray v. McDonaldMissouri Court of Appeals · 1888
3Cited by2 opinions
- Pearce v. Kansas CityMissouri Court of Appeals · 1911
- Jordan v. St. Louis Public Service Co.Missouri Court of Appeals · 1937