Kroner v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. Bobt. M. Foster, Judge. (1) The plaintiff’s alleged cause of action was based on the starting of the car with a sudden jerk and shock. Without such allegation the petition would not state a cause' of action, and it was error to submit the question, as was done by the plaintiff’s first instruction, on the fact of a “mere start into motion.”
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Appeal from St. Louis City Circuit Court. — Row. Bobt. M. Foster, Judge. (1) The plaintiff’s alleged cause of action was based on the starting of the car with a sudden jerk and shock. Without such allegation the petition would not state a cause' of action, and it was error to submit the question, as was done by the plaintiff’s first instruction, on the fact of a “mere start into motion.” Barth v. Railroad, 142 Mo. 535; Dougherty v. Railroad, 97 Mo. 647; Smith v. Railroad, 108 Mo. 243; Jack-5 son v. Railroad, 118 Mo. 199; Gilson v. Railroad, 76 Mo. 282; Furnish v. Railroad, 102 Mo. 438;…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Plaintiff having become a passenger on defendant’s street car, she continued to be' a passenger until she reached her place of destination and was tbere allowed a reason-' able length of time to leave the car and descend to the pavement, and the defendant owed her that high degree of care which a carrier is bound to exercise for the safety of its passengers until she reached the pavement. If, therefore, as the plaintiff’s evidence tends to show, the car arrived at plaintiff’s place of destination and stopped to allow her to alight and before she had a…
2Cases cited12 opinions
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Keller v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1880
- Smith v. City of St. JosephSupreme Court of Missouri · 1874
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McKinstry v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Becker v. Lincoln Real Estate & Building Co.Missouri Court of Appeals · 1906
- Newell v. St. Louis Transit Co.Missouri Court of Appeals · 1904