Boyd v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. R. M. Foster, Judge. (1) The trial court erred in overruling’ defendant’s motion, made at the beginning of the trial, to compel the plaintiff to elect upon which cause of action he intended to try the case — whether as an action to recover for an injury negligently inflicted, or as an action for an injury willfully and intentionally committed.
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Appeal from St. Louis City Circuit Court. — Now. R. M. Foster, Judge. (1) The trial court erred in overruling’ defendant’s motion, made at the beginning of the trial, to compel the plaintiff to elect upon which cause of action he intended to try the case — whether as an action to recover for an injury negligently inflicted, or as an action for an injury willfully and intentionally committed. Raming v. Railway, 157 Mo. 507, 57 S. W. 268; Holwerson v. Railway, 157 Mo. 218,. 57 S. W. 770; Bindbeutel v. Railway, 43 Mo. 470; Wharton, Law of Negligence (5 Ed.), section 132; -Whittaker’s “Smith on…
1Opinion of the CourtReyburn, J.
— 1. Plaintiff brought this action to recover for loss sustained in the destruction of his horse and wagon by a street car of the defendant near Twelfth street and Washington avenue in the city of St. Louis. In detailing his cause of action the plaintiff stated that the injury “was negligently, willfully and carelessly done and inflicted” and that the “agents, servants and employees of the defendant willfully, carelessly and intentionally ran said car upon and on the wagon and horse of the said plaintiff.” The defendant answered that the collision was caused without fault on its part by the…
2Cases cited15 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Bindbeutal v. Street Railway Co.Missouri Court of Appeals · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Martin v. YeohamMissouri Court of Appeals · 1967
- Morgan v. MulhallSupreme Court of Missouri · 1908
- Eoff v. SenterMissouri Court of Appeals · 1958
- McCoy v. St. Joseph Belt Railway Co.Missouri Court of Appeals · 1934
- Greene v. MorseMissouri Court of Appeals · 1964
5 more not listed; retrieve them via the Exa API.