Detrich v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Wm. B. Teasdale, Judge. (1) Plaintiff’s first instruction was erroneous. It went beyond the issues made by the pleadings, and did not limit the “highest reasonably practical degree of care” to the specific negligence charged in the petition; it covered the entire field of negligence.
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Appeal from Jackson Circuit Court. — Hon. Wm. B. Teasdale, Judge. (1) Plaintiff’s first instruction was erroneous. It went beyond the issues made by the pleadings, and did not limit the “highest reasonably practical degree of care” to the specific negligence charged in the petition; it covered the entire field of negligence. Beave v. Transit Co., 212 Mo. 831; Black v. Railway, 217 Mo. 672; Kirkpatrick v. Railway, 211 Mo. 68; Davidson v. Transit Co., 211 Mo. 320; Roscoe v. Railway, 202 Mo. 576; Orcutt v. Century Bldg., 201 Mo. 443; Vanhorn v. Transit Co., 198 Mo. 481; McGrath v. Transit Co.,…
1Opinion of the CourtEllison, J.
This is an action for damages on account of personal injury alleged to have been inflicted upon plaintiff by reason of the negligence of defendant’s servants in charge of its street car upon which she was a passenger. The judgment in the trial court was for the plaintiff.
A statement of the nature of the mishap and the injuries, as well as the specific negligence charged, can be well understood from the allegations of the petition. After alleging defendant’s incorporation for the purpose of operating a cable street railway in Kansas City, it stated that: “Said lines of cable street railway…
2Cases cited5 opinions
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- O'Connell v. St. Louis Cable & Western Railway Co.Supreme Court of Missouri · 1891
3Cited by8 opinions
- Maki v. Murray HospitalMontana Supreme Court · 1932
- Egan v. PalmerMissouri Court of Appeals · 1926
- Allen v. DunhamMissouri Court of Appeals · 1915
- Conway v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1911
- Gabriel v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
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