McMiens v. United Railways Co.
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) It was error to give defendant’s instruction numbered 2. (a) Plaintiff bad a right to presume that the motorman would stop the car, as such cars were customarily stopped, and that he would not allow it to be run beyond the platform • so as to endanger her. Scott v. Met. St. Ry. Co., 138 Mo. App. 201; Percell v. Railroad, 126 Mo. App. 44; Lawson v. Met. St. Ry. Co., 40 App. Div. 307; Franlc y.
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Appeal from the St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) It was error to give defendant’s instruction numbered 2. (a) Plaintiff bad a right to presume that the motorman would stop the car, as such cars were customarily stopped, and that he would not allow it to be run beyond the platform • so as to endanger her. Scott v. Met. St. Ry. Co., 138 Mo. App. 201; Percell v. Railroad, 126 Mo. App. 44; Lawson v. Met. St. Ry. Co., 40 App. Div. 307; Franlc y. Met. St. Ry. Co., 58 App. Div. 100; Zimmerman v. Union Railway Co., 3 App. Div. (N. Y.) 219; Brozek v. Steinway R. Co.,…
1Opinion of the Court
ROY, O.
Plaintiff sued for damages for personal injuries. The verdict and judgment were for defendant, and plaintiff has appealed.
The accident occurred at the intersection of Manchester and Tamm Avenues in St. Louis. Defendant has double tracks at that point, the south track being the east-bound. South of that track is a passenger platform, with its east end about the west line of Tamm Avenue. The .latter street is not opened south of that point, except by a pathway leading across a footbridge over the river Des Peres to residence territory beyond. That path strikes the defendant’s track just…
2Cases cited5 opinions
- Chicago, M. & St. P. Ry. Co. v. LindemanCourt of Appeals for the Eighth Circuit · 1906
- Pankey v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1914
- Shields v. Kansas City Suburban Belt RailwayMissouri Court of Appeals · 1901
- Sweet v. LeachAppellate Court of Illinois · 1880
- Boyd v. GrahamMissouri Court of Appeals · 1878
3Cited by5 opinions
- Goslin v. KurnSupreme Court of Missouri · 1943
- Heigold v. United Railways CompanySupreme Court of Missouri · 1925
- Davis v. GatewoodSupreme Court of Missouri · 1957
- State Ex Rel. National Life Insurance v. AllenSupreme Court of Missouri · 1923
- Smith v. Alaskan Fur CompanySupreme Court of Missouri · 1959