McCaffery v. St. Louis Public Service Co.

COIL, C.

This is an appeal by defendant-appellant from a judgment for $20,000 entered on plaintiff-respondent’s verdict in her Suit for personal injuries allegedly sustained when she was a passenger on defendant’s streetcar.

Instruction 1, given at the instance of plaintiff, was a res ipsa loquitur submission. Defendant contends that plaintiff’s evidence proved specific negligence and that the trial court therefore erred in giving the instruction. Plaintiff does not here contend that defendant joined in a submission under the rule of res ipsa loquitur and has thereby waived its right to…