Harmon v. United Railways Co.
Missouri Court of Appeals
'Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The court erred in giving the following instruction on behalf of plaintiff: “The court instructs the jury that with respect to the allegations of contributory negligence, set up in the defendant’s answer, to-wit: ‘Further answering the defendant says that whatever injuries plaintiff received, if any, as in said petition alleged, were caused by her own carelessness and negligence in alighting, or…
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'Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The court erred in giving the following instruction on behalf of plaintiff: “The court instructs the jury that with respect to the allegations of contributory negligence, set up in the defendant’s answer, to-wit: ‘Further answering the defendant says that whatever injuries plaintiff received, if any, as in said petition alleged, were caused by her own carelessness and negligence in alighting, or attempting to alight, from a moving car,’ the burden of proof rests upon the defendant; that is the defendant must prove to…
1Opinion of the CourtReynolds, P. J.
This is an action for damages for injuries plaintiff received, as it is averred in the amended petition, while she was a passenger on a car of defendant. In that petition it is averred that plaintiff desiring to alight from the car at the comer of Groode and Easton avenues, defendant “did not stop its said car at the intersection of said Groode and Easton avenues, although signalled to do so, but did by its employees in charge of said car, negligently cause said car to convey the plaintiff east and past her said point of destination, and did there stop said car between Groode avenue and…
2Cases cited4 opinions
- Ramp v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Thompson v. North Missouri Rail RoadSupreme Court of Missouri · 1873
- Bond v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1904
- Peck v. St. Louis Transit Co.Supreme Court of Missouri · 1903
3Cited by5 opinions
- Allen v. Quercus Lumber Co.Missouri Court of Appeals · 1913
- Wallower v. City of Webb CityMissouri Court of Appeals · 1913
- Boomshaft v. KlauberMissouri Court of Appeals · 1916
- Pilkington v. PilkingtonMissouri Court of Appeals · 1936
- Stephens v. City of Eldorado SpringsMissouri Court of Appeals · 1915