Dwyer v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from. St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) The court erred in overruling defendant’s objection to the introduction of any evidence. The petition nowhere alleges any authority upon the part of the conductor conferred by defendant, or that it is within the scope of his authority to cause the plaintiff’s arrest. Grayson v. St. Louis Transit Co., 100 Mo.
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Appeal from. St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. (1) The court erred in overruling defendant’s objection to the introduction of any evidence. The petition nowhere alleges any authority upon the part of the conductor conferred by defendant, or that it is within the scope of his authority to cause the plaintiff’s arrest. Grayson v. St. Louis Transit Co., 100 Mo. App. 72, 71 S. "W. 730. (2) The court erred in the first instruction given for plaintiff in the following particulars: In submitting to the jury that defendant, through its conductor on said car mentioned in…
1Opinion of the CourtBland, P. J.
— On April 16, 1903, the plaintiff, at Chestnut and Fourth streets, in the city of St. Louis, took passage on one of defendant’s Eighteenth street cars to go to the Four Courts, in said city, where he had been subpoenaed to appear as a witness. He paid his fare but remained on the rear platform smoking a cigar. When the car reached Ninth street, the conductor demanded fare of him. Plaintiff replied that he had paid his fare when he first got on the car. The conductor insisted that he had not and told him he would have to pay his fare or get off. Plaintiff refused to pay a second fare or to…
2Cases cited12 opinions
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- King v. RaleighMissouri Court of Appeals · 1903
- Voegeli v. Pickel Marble & Granite Co.Missouri Court of Appeals · 1892
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Dr. P. Phillips & Sons, Inc. v. KilgoreSupreme Court of Florida · 1943
- Hoeffen v. Columbia Taxicab Co.Missouri Court of Appeals · 1913
- Adams v. City of St. JosephSupreme Court of Missouri · 1950
- Comisky v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1916
- Baker v. LyellMissouri Court of Appeals · 1922
2 more not listed; retrieve them via the Exa API.