Chouquette v. Southern Electric Railroad
Supreme Court of Missouri
Appeal from 8t. Louis City Circuit Court. — TIon. Horatio D. Wood, Judge. (1) The court erred in sustaining plaintiff’s motion for a new trial. Although there was a finding of nominal damages for plaintiff, in reality this was a verdict.for the defendant, and the trial court should have so treated it. . (a) The petition did not set out a cause of action upon the ordinance regulating the rate of speed at which defendant might operate its cars.
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Appeal from 8t. Louis City Circuit Court. — TIon. Horatio D. Wood, Judge. (1) The court erred in sustaining plaintiff’s motion for a new trial. Although there was a finding of nominal damages for plaintiff, in reality this was a verdict.for the defendant, and the trial court should have so treated it. . (a) The petition did not set out a cause of action upon the ordinance regulating the rate of speed at which defendant might operate its cars. There was no averment that defendant or its predecessor ever agreed to perform this ordinance; and there was also no proof adduced showing this. Sanders…
1Opinion of the CourtRobinson, J.
This action was instituted in the St. Louis circuit court to recover damages for personal injuries alleged to have been sustained by the plaintiff by reason of the negligence of the defendant, a corporation organized under the laws of Missouri, engaged in operating an electric street railroad in the city of St. Louis. The specific negligence of defendant by which the injury in question is alleged to have *261been caused is stated in the petition to Have consisted, first, in that the wire used by defendant to communicate the electric current to the wheels of the car for the propulsion of the car…
2Cases cited14 opinions
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- Reid v. Piedmont & Arlington Life InsuranceSupreme Court of Missouri · 1874
- Weil v. SimmonsSupreme Court of Missouri · 1877
- Cruchon v. BrownSupreme Court of Missouri · 1874
9 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Tathwell v. City of Cedar RapidsSupreme Court of Iowa · 1903
- Von Trebra v. Laclede Gaslight Co.Supreme Court of Missouri · 1908
45 more not listed; retrieve them via the Exa API.