O'Connell v. St. Louis Cable & Western Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.—Hon. James E. Withrow, Judge. This actiou is for personal injuries to plaintiff alleged to have been sustained by him while a passenger upon one of defendant’s cable railway cars in St. Louis. The answer was a general denial.
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Appeal from St. Louis City Circuit Court.—Hon. James E. Withrow, Judge. This actiou is for personal injuries to plaintiff alleged to have been sustained by him while a passenger upon one of defendant’s cable railway cars in St. Louis. The answer was a general denial. Plaintiff’s evidence tended to show that he hailed one of defendant’s cars on Franklin avenue near the place of accident; that it stopped within ten or fifteen feet of the curve into Wash street, and, as plaintiff was proceeding to enter the car from the street, and had one foot on the car-platform and the other on the lower…
1Opinion of the CourtBarclay, J.
The plaintiff ’s story of his injury (in consequence of negligent management of a cable car while he was taking passage upon it) is directly denied by the railway officials ; but the issue of the truth of his account of the affair was one for the triers of fact. There is substantial evidence to support their finding on that issue, and hence we cannot'retry it.
Defendant, however, makes certain points of objection here to the instructions given and also against the amount of the recovery. They will be considered in order, as made.
I. As to the instructions : It is claimed that those numbered 1,…
2Cases cited2 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Waller v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
3Cited by25 opinions
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- International & Great Northern Railway Co. v. WelchTexas Supreme Court · 1893
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Liese v. MeyerSupreme Court of Missouri · 1898
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