Trotter v. St. Louis & Suburban Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The court erred in permitting evidence to be introduced, over the objection of the defendant, and holding that the plaintiff’s petition stated facts sufficient to constitute a cause of action.
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. (1) The court erred in permitting evidence to be introduced, over the objection of the defendant, and holding that the plaintiff’s petition stated facts sufficient to constitute a cause of action. There is no allegation in the petition that the alleged explosions, flames or smoke were unusual, extraordinary and not incidental and unnecessary to the operation of electric cars, nor did the petition allege that the cause of fright and terror was sufficient to have aroused apprehension of danger and fear for safety in the mind…
1Opinion of the CourtGoode, J.
Plaintiff says she AAras injured on the evening of June 22, 1904, in a panic among the passengers on one of the defendant’s trolley cars. She was received as a passenger at Lindell boulevard station. The car Avas croAvded Avith passengers, some of Avhom could not find seats and Avere standing in the aisles and on the front and rear platforms. Plaintiff says that after the car had proceeded a short distance from the station her attention Avas attracted by flames and smoke underneath its floor and about its sides. As the car could not be propelled in the usual manner, the motorman went from the…
2Cases cited15 opinions
- Snyder v. Wheeling Electrical Co.West Virginia Supreme Court · 1897
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Cassady v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1903
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kapros v. Pierce Oil CorporationSupreme Court of Missouri · 1930
- Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- Glossip v. KellyMissouri Court of Appeals · 1934
- Rice v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.