Hamilton v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. L. H. Walters, Special Judge. (1) The demurrer to the evidence ought to have been sustained: there was no evidence of failure to keep a watchman, nor of failure to keep a reasonable lookout, but on the contrary both were affirmatively shown to have been done. Edens v. Railroad, 72 Mo. 213; Yarnell v. Railroad, 113 Mo. 580; Hite v. Railroad, 130 Mo. 138; 2 Fetter Carriers of Passengers, sec. 480..
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Appeal from Jackson Circuit Court. — Hon. L. H. Walters, Special Judge. (1) The demurrer to the evidence ought to have been sustained: there was no evidence of failure to keep a watchman, nor of failure to keep a reasonable lookout, but on the contrary both were affirmatively shown to have been done. Edens v. Railroad, 72 Mo. 213; Yarnell v. Railroad, 113 Mo. 580; Hite v. Railroad, 130 Mo. 138; 2 Fetter Carriers of Passengers, sec. 480.. (2) The court erred in giving instructions asked by the plaintiff, by appellant’s co-defendant, and of its own motion, (a) Plaintiff’s numbered one' was and…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries sustained by plaintiff in a collision. On August 81, 1901, plaintiff was a passenger upon a car, in service for the carriage of passengers, on one of the lines of street railroad operated by the defendant street railway company, in Kansas City. At the time of the injury the car was north bound on Lydia avenue, and was crossing the yards of the defendant railroad company. The street car line, at this place, crosses at a right angle some fifteen railroad tracks, fourteen of which belong to the defendant railroad company, and one to the Missouri…
2Cases cited12 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Durst v. Southern Railway Co.Supreme Court of South Carolina · 1924
- Jordan v. Seattle Renton & Southern Railway Co.Washington Supreme Court · 1907
- Pistorio v. Washington Railway & Electric Co.Court of Appeals for the D.C. Circuit · 1917
- Percell v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Allen v. DunhamMissouri Court of Appeals · 1915
12 more not listed; retrieve them via the Exa API.