Turnbow ex rel. Turnbow v. Kansas City Railways Co.
Supreme Court of Missouri
Appeal from Jackson Oircnit Court. — Hon. Willard P. Hall, Judge. (1) The appellant did not have a trial before a legal, qualified jury as provided by law. Sec. 7323, R. S. 1909; State, v. Austin, 183 Mo. 478 : State v. Haney, 151 Mo. App. 251; Berry v. Trnnlc, 185 Mo. App. 495; See. 30, Art. 2, Mo. Constitution. (2) The court should have granted a new trial in this case because of the misconduct of the juror Jos.
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Appeal from Jackson Oircnit Court. — Hon. Willard P. Hall, Judge. (1) The appellant did not have a trial before a legal, qualified jury as provided by law. Sec. 7323, R. S. 1909; State, v. Austin, 183 Mo. 478 : State v. Haney, 151 Mo. App. 251; Berry v. Trnnlc, 185 Mo. App. 495; See. 30, Art. 2, Mo. Constitution. (2) The court should have granted a new trial in this case because of the misconduct of the juror Jos. Rothenberg in going to the scene of the accident during the course of the trial. Easley v. Mo. Pac. Railway, 113 Mo. 236; 29 Oye. 801, sec. 3. (3) The court erred in permitting…
1Opinion of the CourtWilliams, P. J.
Plaintiff, an infant boy, three years of age, sues by bis next friend to recover for the loss of both feet.
The injury is alleged to have been caused by the negligence of the defendant in the operation of one of its street cars upon a street crossing in the city of Independence, Missouri.
Trial was had in the Circuit Court of Jackson County, at Independence, resulting in a verdict and judgment for plaintiff in the.sum of $30,000. Defendant has duly appealed.
This is the second appeal. The opinion upon the first appeal is reported in 272 Mo. 53.
No attack is made upon the sufficiency of the…
2Cases cited8 opinions
- Markey v. Louisiana & Missouri River RailroadSupreme Court of Missouri · 1904
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Peterson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- Applegate v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1913
- Farrar v. Metropolitan Street RailwaySupreme Court of Missouri · 1913
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Davis v. Kansas City Public Service Co.Supreme Court of Missouri · 1950
- Middleton v. Kansas City Public Service Co.Supreme Court of Missouri · 1941
- McIntyre v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1921
- Smith v. ThompsonSupreme Court of Missouri · 1940
- Consolidated School District No. 3 v. West Missouri Power Co.Supreme Court of Missouri · 1932
11 more not listed; retrieve them via the Exa API.