Hof v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in overruling defendant’s-motions to require plaintiff to elect upon which assignment of negligence he would proceed to trial, made-at the opening of the trial, and renewed at the close of plaintiff’s evidence in chief.
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Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in overruling defendant’s-motions to require plaintiff to elect upon which assignment of negligence he would proceed to trial, made-at the opening of the trial, and renewed at the close of plaintiff’s evidence in chief. It was also error to-admit the ordinance in evidence, so far as the vigilant watch provisions were concerned, without proof of its acceptance by defendant, as well as to instruct upon the same in the terms of plaintiff’s third instruction. The motions to elect should have been sustained.…
1Opinion of the CourtWoodson, J.
This is a suit, which was instituted by the plaintiff against the defendant in the circuit court of the city of St. Louis, to recover the sum of $30,000 damages for personal injuries and loss of property, caused by a collision between him and one of defendant’s street cars, in the city of St. Louis.
The petition upon which the case was tried, omitting formal parts, is as follows:
“The plaintiff by leave of court amends his petition and states that the defendant is and at the times herein stated, was a corporation by virtue of the law of Missouri, and used and operated the railway and car herein…
2Cases cited2 opinions
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Hauck-Hoerr Bakery Co. v. United Railways Co.Missouri Court of Appeals · 1907
3Cited by29 opinions
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Moon v. St. Louis Transit Co.Supreme Court of Missouri · 1912
- Treadway v. United Railways CompanySupreme Court of Missouri · 1923
- Schmidt v. St. Louis Transit Co.Missouri Court of Appeals · 1909
- Smith v. Star Cab Co.Supreme Court of Missouri · 1929
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