Jackels v. Kansas City Rys. Co., No. 14040.

CourtCourt of Appeal of Missouri (US)
Writing for the CourtThimble
Citation231 S.W. 1023
Decision Date13 June 1921
Docket NumberNo. 14040.
PartiesJACKELS et al. v. KANSAS CITY RYS. CO.
231 S.W. 1023
JACKELS et al.
v.
KANSAS CITY RYS. CO.
No. 14040.
Kansas City Court of Appeals. Missouri.
June 13, 1921.

[231 S.W. 1024]

Appeal from Circuit Court, Jackson County; Daniel E. Bird, Judge.

"Not to be officially published."

Action by Charles F. Jackels and others against the Kansas City Railways Company In justice court. From a judgment for plaintiffs on appeal to the circuit court, defendant appeals. Reversed and remanded for a new trial.

R. J. Higgins, of Kansas City, Kan., and Chas. N. Sadler, Louis R. Weiss, and E. E. Ball, ail of Kansas City, Mo., for appellant.

George D. McIlrath and McIirath & Gregory, all of Kansas City, Mo., for respondents.

THIMBLE, P. J.


This action, originating in a justice's court, was brought to recover damages for injury to an automobile, caused by a street car colliding therewith. It was, on appeal to the circuit court, tried de novo, and plaintiffs recovered judgment in the sum of $174.06, from which defendant appealed to this court.

The automobile was being "demonstrated" to a prospective purchaser, and was being driven west along Brush Creek boulevard and was approaching its intersection with Rockhill road, in Kansas City, Mo., when a southbound street car on said Rockhill road also approached the same intersection. Just north of the north side of the intersection on the street railway track was a "safety stop," at which all cars came to a standstill before proceeding across the boulevard. The driver of the automobile knew of this safety stop and that cars stopped there, and though he saw the car coming, as he approached the crossing, he thought the car would stop at the safety stop; but this time it did not do so, but came steadily on, striking the automobile as it got on the track and injuring it.

The case having originated in the justice's court, there was no other pleading save the petition, which, after setting forth the situation at the said intersection, alleged that the driver of the automobile saw the street car at a point 30 feet or more north of the intersection, and knowing of the safety stop and observing the motorman applied the air brakes to come to a stop there, the automobile driver started on across the tracks ahead of said street car, "having his said automobile under full control at all times and driving the same at a rate of speed of about six miles an hour; that through the gross carelessness, negligence, and unskillfulness of defendant's agent and employé in charge of said street car, or through the gross carelessness, negligence, and unskillfulness of defendant company in not having the brakes on said street car in good working order and condition, said street car failed to come to a stop at said intersection and failed to make the safety stop expected and required of it," etc.

A number of errors are charged to have been committed, any one of which would be sufficient to call for a reversal and remanding of the case. However, the claim that the plaintiffs' own evidence shows contributory negligence so conclusively as to bar their recovery as a matter of law is one that should be disposed of first, for if that be true the other alleged errors need not be noticed.

The evidence of the driver of the automobile is that when he was at a point 40 to 50 feet east of the crossing he saw the car about the same distance north of the street he was in; that the safety stop was...

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5 practice notes
  • Lober v. Kansas City, No. 34710.
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1936
    ...Railroad Co., 190 S.W. 361; Jordan v. Railroad Co., 206 Mo. App. 56; Hartford Ins. Co. v. Payne, 243 S.W. 357; Jackels v. K.C. Ry. Co., 231 S.W. 1023. C.W. Prince, James N. Beery, Hume & Raymond and Franklin E. Reagan for respondents. (1) The court properly overruled defendants' requested I......
  • Kramer v. City of Jefferson, No. 19355.
    • United States
    • Court of Appeal of Missouri (US)
    • January 30, 1939
    ...was no evidence on which the jury could find "market value" at the time of the Supreme Court's decision. Jackels v. Kansas City Rys. Co., 231 S.W. 1023. (a) Measure of damages to a building or land is difference in value before and after injury. Rosen v. Kroger Grocery & Baking Co., 5 S.W. ......
  • Woods v. St. Louis Merchants' Bridge Terminal Ry. Co., No. 26756.
    • United States
    • United States State Supreme Court of Missouri
    • July 3, 1928
    ...Appellant contends the testimony is not a part of the res gestæ, and cites the following cases: Jackels v. K. C. Rys. Co. (Mo. App.) 231 S. W. 1023; Gray v. Earls, 298 Mo. 116, 250 S. W. 567; McFarland v. Bishop, 282 Mo. 534, 222 S. W. 143; O'Day v. Annex Realty Co. (Mo. Sup.) 191 S. W. 41;......
  • State v. Tucker, No. 34807.
    • United States
    • United States State Supreme Court of Missouri
    • June 30, 1936
    ...is likewise insufficient unless a causal connection is shown between the excessive speed and the death of the deceased. Bibb v. Gray, 231 S.W. 1023; State v. Sawyers, 80 S.W. (2d) 167; Strauchon v. Met. St. Ry. Co., 232 Mo. 507, 135 S.W. 18; O'Donnell v. Wells, 21 S.W. (2d) 765; State v. Jo......
  • Request a trial to view additional results
5 cases
  • Lober v. Kansas City, No. 34710.
    • United States
    • United States State Supreme Court of Missouri
    • December 14, 1936
    ...Railroad Co., 190 S.W. 361; Jordan v. Railroad Co., 206 Mo. App. 56; Hartford Ins. Co. v. Payne, 243 S.W. 357; Jackels v. K.C. Ry. Co., 231 S.W. 1023. C.W. Prince, James N. Beery, Hume & Raymond and Franklin E. Reagan for respondents. (1) The court properly overruled defendants' requested I......
  • Kramer v. City of Jefferson, No. 19355.
    • United States
    • Court of Appeal of Missouri (US)
    • January 30, 1939
    ...was no evidence on which the jury could find "market value" at the time of the Supreme Court's decision. Jackels v. Kansas City Rys. Co., 231 S.W. 1023. (a) Measure of damages to a building or land is difference in value before and after injury. Rosen v. Kroger Grocery & Baking Co., 5 S.W. ......
  • Woods v. St. Louis Merchants' Bridge Terminal Ry. Co., No. 26756.
    • United States
    • United States State Supreme Court of Missouri
    • July 3, 1928
    ...Appellant contends the testimony is not a part of the res gestæ, and cites the following cases: Jackels v. K. C. Rys. Co. (Mo. App.) 231 S. W. 1023; Gray v. Earls, 298 Mo. 116, 250 S. W. 567; McFarland v. Bishop, 282 Mo. 534, 222 S. W. 143; O'Day v. Annex Realty Co. (Mo. Sup.) 191 S. W. 41;......
  • State v. Tucker, No. 34807.
    • United States
    • United States State Supreme Court of Missouri
    • June 30, 1936
    ...is likewise insufficient unless a causal connection is shown between the excessive speed and the death of the deceased. Bibb v. Gray, 231 S.W. 1023; State v. Sawyers, 80 S.W. (2d) 167; Strauchon v. Met. St. Ry. Co., 232 Mo. 507, 135 S.W. 18; O'Donnell v. Wells, 21 S.W. (2d) 765; State v. Jo......
  • Request a trial to view additional results

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