May v. Chicago, Burlington & Quincy Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Thomas ' B. Allen, Judge. (1) Plaintiff’s instruction in which, the court charged the jury that it was the defendants’ duty to exercise the highest degree of care to ascertain whether the plantiff was boarding the train regardless of whether she did so before or after the lapse of a reasonable time, was erroneous. It applied the “street car” rule to steam railroads.
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Appeal from Buchanan Circuit Court. — Hon. Thomas ' B. Allen, Judge. (1) Plaintiff’s instruction in which, the court charged the jury that it was the defendants’ duty to exercise the highest degree of care to ascertain whether the plantiff was boarding the train regardless of whether she did so before or after the lapse of a reasonable time, was erroneous. It applied the “street car” rule to steam railroads. The error was especially manifest and extremely prejudicial when it is considered that the other alleged act of negligence pleaded, to-wit, defendants’ failure to stop a reasonable time…
1Opinion of the Court
This plaintiff obtained a verdict against defendants for twenty-five thousand dollars for a personal injury, alleged to have been caused by the negligence of defendants in starting the train plaintiff wished to take as she was in the act of getting on it. The defendant corporation was operating the train at the time of the accident and defendant Hawkins was the conductor of it. Nine thousand dollars was remitted from the amount of the verdict, following an announcement by the court that unless plaintiff would remit that sum and thereby reduce the judgment to sixteen thousand dollars, the…
2Cases cited13 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
- N. & W. R. R. v. Groseclose's Adm'rSupreme Court of Virginia · 1891
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Coll v. Easton Transit Co.Supreme Court of Pennsylvania · 1897
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3Cited by15 opinions
- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- Southeastern Greyhound Lines v. CallahanSupreme Court of Alabama · 1943
- Hamilton v. RossSupreme Court of Missouri · 1957
- Edwards v. Ethyl Gasoline Corp.Supreme Court of Missouri · 1938
- Carroll v. Missouri Power & Light Co.Missouri Court of Appeals · 1936
10 more not listed; retrieve them via the Exa API.