Meyers v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Eon. Wm. Zachritz, Judge. STATEMENT. Plaintiff recovered a thousand-dollar judgment against defendant for injuries lie received in a collision -with one of defendant’s street cars on June 4,1900, on Washington avenue, where- the avenue is crossed by Beaumont street, in the city of St. Louis. From this judgment defendant appealed.
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Appeal from St. Louis City Circuit Court.— Eon. Wm. Zachritz, Judge. STATEMENT. Plaintiff recovered a thousand-dollar judgment against defendant for injuries lie received in a collision -with one of defendant’s street cars on June 4,1900, on Washington avenue, where- the avenue is crossed by Beaumont street, in the city of St. Louis. From this judgment defendant appealed. For the plaintiff the evidence tends to prove that plaintiff was driving a one-horse open spring wagon north on Beaumont street, with a few buckets of sand in the wagon and his brother sitting on the wagon seat beside him.…
1Opinion of the CourtBland, P. J.
1. On the theory that plaintiff had joined in the same count a cause of action arising out of contract, with causes of action arising out of tort for common-law negligence, the defendant moved the court to compel the plaintiff to elect upon which cause *369of action he would proceed to trial. The court denied the motion. This ruling is assigned as error. Defendant’s assumption that a cause of action growing out of contract is alleged in the petition, is based on the notion that the vigilant watch ordinance is not binding on a street railway company until it is accepted by the company ; in other…
2Cases cited11 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- State ex rel. Walker v. DobsonSupreme Court of Missouri · 1896
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
- Davies v. People's Railway Co.Supreme Court of Missouri · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dallas Ry. & Terminal Co. v. BankstonTexas Commission of Appeals · 1932
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- Ashley v. Kanawha Valley Traction Co.West Virginia Supreme Court · 1906
- Dallas Ry. & Terminal Co. v. BankstonCourt of Appeals of Texas · 1930
- Walker v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1904
2 more not listed; retrieve them via the Exa API.