Westervelt v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. G. Orrick Bishop, Judge. (1) Plaintiff’s instruction 1, which directed the jury to return a verdict for plaintiff, if they believed the car was started with a sudden movement while plaintiff was alighting therefrom, is erroneous: (a) Because it did not require the jury to further find that the car was not stopped a sufficient length of time to permit plaintiff to alight.
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Appeal from St. Louis City Circuit Court. — Hon. G. Orrick Bishop, Judge. (1) Plaintiff’s instruction 1, which directed the jury to return a verdict for plaintiff, if they believed the car was started with a sudden movement while plaintiff was alighting therefrom, is erroneous: (a) Because it did not require the jury to further find that the car was not stopped a sufficient length of time to permit plaintiff to alight. Clotworthy v. Railroad, 80 Mo. 220; Jackson v. Railroad, 118 Mo. 224. (b) cause there was no evidence that the car started with a “sudden movement.” Hines v. Marshall, 22 Mo.…
1Opinion of the CourtLamm, P. J.
Plaintiffs, Sarah J. and Peter D., are husband and wife — defendants common carriers of passengers for hire in St. Louis as street railway corporations. On December 19, 1899, after dark, Sarah rode as a pay passenger on a south-bound car on Virginia avenue. Claiming injuries through negligence of defendants while she was alighting from her car at the intersection of Virginia with Bowen street, she (uniting her husband) sued both companies counting on negligence and laying her damages at $30,000. Her petition states that “defendants” operated a line of *330cars running on Virginia avenue; that she…
2Cases cited3 opinions
- Chlanda v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Clotworthy v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
3Cited by10 opinions
- Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
- Graefe v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Keehn v. D. R. F. Realty & Investment Co.Supreme Court of Missouri · 1931
- Hesemann v. May Department Stores Co.Missouri Court of Appeals · 1931
- Murrell v. SmithMissouri Court of Appeals · 1910
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