Legal Opinion

Fulton v. Metropolitan Street Railway Co.

Missouri Court of Appeals

Decided May 6, 1907PublishedCited by 12 opinions

Appeal from Jackson Circuit Court. — Eon. William B. Teasdale, Judge. (1) (a) The court erred in the admission of the testimony of Creta M. Fulton, in which the witness compared the ability of plaintiff to “get around” after the injury with the same before the injury, (b) The court erred in the admission of the testimony of Mrs. B. Fitzgerald to the effect that plaintiff “appeared to be suffering.”

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Appeal from Jackson Circuit Court. — Eon. William B. Teasdale, Judge. (1) (a) The court erred in the admission of the testimony of Creta M. Fulton, in which the witness compared the ability of plaintiff to “get around” after the injury with the same before the injury, (b) The court erred in the admission of the testimony of Mrs. B. Fitzgerald to the effect that plaintiff “appeared to be suffering.” (c) The court erred in the admission of the testimony of Mrs. F. M. Darnall as to the “activity” of plaintiff. Ried v. Insurance Co., 58 Mo. 421; Hurt v. Railroad, 94 Mo. 261; King v. Railroad, 98…

1Opinion of the CourtJohnson, J.

Action to recover damages for personal injuries alleged to have been caused by the negligence of defendant. Judgment was for plaintiff in the sum of twenty-five hundred dollars and defendant appealed.

In the afternoon of January 11, 1902, plaintiff, accompanied by her daughter, became a passenger on a west-bound cable train operated by defendant on the Twelfth street line of its street railway system in Kan*242sas City. From the evidence of plaintiff, if appears that she and her daughter intended to ride to Washington street and there to transfer to a car on the Summit street line, also operated…

2Cases cited18 opinions

  1. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  2. South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
  3. Commonwealth v. DorseyMassachusetts Supreme Judicial Court · 1869
  4. Peterson v. Seattle Traction Co.Washington Supreme Court · 1900
  5. Wilkinson v. MoseleySupreme Court of Alabama · 1857

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3Cited by12 opinions

  1. Heinbach v. HeinbachSupreme Court of Missouri · 1918
  2. Ætna Life Ins. Co. of Hartford v. KellyCourt of Appeals for the Eighth Circuit · 1934
  3. Lee v. UllerySupreme Court of Missouri · 1940
  4. Grace v. Union Electric Co.Missouri Court of Appeals · 1947
  5. Quadlander v. Kansas City Public Service Co.Missouri Court of Appeals · 1949

7 more not listed; retrieve them via the Exa API.

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