Mathews v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Hon. H. L. MoCune, Judge. (1) The court erred in refusing to give a peremptory charge in favor of the defendant. There was no evidence to authorize a verdict on either specification of negligence. Nellis, Street Railroad Accident Law, pp. 59, 183; Fuchs v. St. Louis, 133 Mo. 201; Fuchs v. St. Louis, 167 Mo. 645; Aldrich v. Transit Co., 101 Mo. App. 90; Sherman & Redfield Neg.
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Appeal from Jackson Circuit Court.—Hon. H. L. MoCune, Judge. (1) The court erred in refusing to give a peremptory charge in favor of the defendant. There was no evidence to authorize a verdict on either specification of negligence. Nellis, Street Railroad Accident Law, pp. 59, 183; Fuchs v. St. Louis, 133 Mo. 201; Fuchs v. St. Louis, 167 Mo. 645; Aldrich v. Transit Co., 101 Mo. App. 90; Sherman & Redfield Neg. (4 Ed.), sec. 59; Lee v. Jones, 181 Mo. 298; Glasscock v. Dry Goods Co., 106 Mo. App. 663. (2) The court erred in admitting incompetent evidence and refusing to admit competent…
1Opinion of the CourtJohnson, J.
Plaintiff, the widow of George Mathews, deceased, sued to recover damages for the death of her husband which she alleges was caused by the negligence of defendant. A trial in the circuit court resulted in a verdict and judgment for plaintiff in the sum of $4500 and defendant appealed to this court. We certified the cause to the Supreme Court but that court sent it back and it is now before us for determination.
Mr. Mathews was killed late in the afternoon of September 28, 1903, by falling from an electric street car operated by defendant on its Eighth street linein Kansas City. The car was…
2Cases cited4 opinions
- Hanna v. South St. Joseph Land Co.Supreme Court of Missouri · 1894
- Briggs v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1888
- Morrison v. Broadway & Seventh Avenue RailroadNew York Court of Appeals · 1891
- McKee v. Jones Dry Goods Co.Missouri Court of Appeals · 1910
3Cited by8 opinions
- Aschenbrenner v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1934
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
- Fleming v. Connecticut General InsuranceSupreme Court of New Jersey · 1935
- White v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1911
- Speaks v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
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