Dunn v. Cass Avenue & Fair Grounds Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. Even if the plaintiff’s son was lawfully on the defendant’s car, yet the judgment should be reversed for error in giving the plaintiff’s _instructions numbers four and seven. Fortune v. Railroad, 10 Mo. App. 252; Gerren v. Railroad, 60 Mo. 409; Insurance Co. v. St. Mary's Seminary, 52 Mo. 488-492; Clay v. Railroad, 17 Mo.
Read the full summary
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. Even if the plaintiff’s son was lawfully on the defendant’s car, yet the judgment should be reversed for error in giving the plaintiff’s _instructions numbers four and seven. Fortune v. Railroad, 10 Mo. App. 252; Gerren v. Railroad, 60 Mo. 409; Insurance Co. v. St. Mary's Seminary, 52 Mo. 488-492; Clay v. Railroad, 17 Mo. App. 629. If the plaintiff’s son was a trespasser on the defendant’s car, then subdivision eight of section two of the ordinance had no application to this case. Consequently, instruction number four for the…
1Opinion of the CourtThompson, J.
This was an action for damages for injuries sustained 'by the plaintiff’s son, in consequence of being run over by one of the defendant’s cars. The plaintiff had a verdict and judgment for one thousand dollars, and the ■defendant appeals.
The petition is as foEows:
“The plaintiff states that the defendant is, and at the time hereafter stated was a corporation by virtue of the law of Missouri, and operated the street railways and ■cars hereafter mentioned. That prior to and on the ninth day of October, 1884, there was in force within the city •of St. Louis an ordinance of said city entitled, an…
2Cases cited35 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
30 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hurst v. Detroit City RailwayMichigan Supreme Court · 1891
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Mennemeyer v. HartSupreme Court of Missouri · 1949
- Frank Horton & Co., Inc. v. DiggsMissouri Court of Appeals · 1976
- Buck v. People's Street Railway, Electric Light & Power Co.Missouri Court of Appeals · 1891
16 more not listed; retrieve them via the Exa API.