Wilkerson v. Corrigan Consolidated Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. GriLL, Judge. The case and facts are stated in the opinion of the court. I. The demurrer submitted at the close of plaintiff ’ s evidence should have been sustained by the court below. There was no evidence submitted by the plaintiff of negligence on the part of the defendant. The mere fact that an accident and injury concurred does not prove negligence. Ward v. Andrews, 3 Mo. App. 275 : Nolan v. S Incide, 3 Mo.
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Appeal from Jackson Circuit Court, Hon. Turner A. GriLL, Judge. The case and facts are stated in the opinion of the court. I. The demurrer submitted at the close of plaintiff ’ s evidence should have been sustained by the court below. There was no evidence submitted by the plaintiff of negligence on the part of the defendant. The mere fact that an accident and injury concurred does not prove negligence. Ward v. Andrews, 3 Mo. App. 275 : Nolan v. S Incide, 3 Mo. App. 300; Harvey v. Railroad, 6 Mo. App. 585. Common carriers of passengers are not insurers of the lives and limbs of their…
1Per curiam
This is an action to recover damages for personal injury alleged to have been sustained by plaintiff, while a passenger on one of defendant’s streetcars, in Kansas City. The material portions of the petition are as follows:
“ That it is, and was, the duty of the defendant to furnish good and safe cars, and teams, and a sufficient number of competent employes to carry, in safety, all persons who are received by it as passengers on the said street railroad; that, in order to operate said cars, in safety, one employe was not sufficient to drive and manage the team attached thereto, and, also, to…
2Cases cited8 opinions
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Bass v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
- Noeninger v. VogtSupreme Court of Missouri · 1886
- Randolph ex rel. Adkins v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1885
- Birnet v. SharpSupreme Court of Missouri · 1883
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3Cited by2 opinions
- Moore v. St. Louis Transit Co.Missouri Court of Appeals · 1902
- Guinn v. BoasMissouri Court of Appeals · 1888