Van Natta v. People's Street Railway, Electric Light & Power Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The first instruction given on behalf of the plaintiff was clearly erroneous for the following reasons: First. It submitted to the jury questions not based upon any evidence in the case.
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Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. (1) The first instruction given on behalf of the plaintiff was clearly erroneous for the following reasons: First. It submitted to the jury questions not based upon any evidence in the case. It left it to them to determine whether or not the east bound car passed the west bound car at a rapid rate of speed, when all the evidence and the physical facts in the case showed, not only thát the car was going slow, but that it was impossible for it to run fast at the place where the accident occurred. Bowen v. Railroad, 75 Mo. 428; Sky…
1Opinion of the CourtBurgess, J.
Prom a judgment in favor of plaintiff, a boy nine years of age, in the sum of $7,000, against defendants for personal injuries sustained by *17him by being run over by the cars of defendant company, defendants appealed.
The accident happened about half past 10 o’clock in the forenoon of the twentieth day of July, 1892, at the intersection of Frederick avenue with Eleventh and Faraón streets in the city of St. Joseph, Missouri. At that time defendant company owned and operated by electricity a double track line of street railway, the tracks of which lie parallel with each other, near the center of…
2Cases cited11 opinions
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Peck v. RitcheySupreme Court of Missouri · 1877
- Leslie v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Louisville & Nashville Railroad v. WebbCourt of Appeals of Kentucky · 1896
- Hull v. City of St. LouisSupreme Court of Missouri · 1897
- Hauser v. SteigersMissouri Court of Appeals · 1909
7 more not listed; retrieve them via the Exa API.