Chalmers v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Eugene MoQuillin, Judge. (1) The court erred in refusing to give, at the close of the plaintiff’s case and at the conclusion of the entire case, an instruction in the nature of a demurrer to the evidence, requested by the defendant. Because plaintiff failed to plead or prove that, before the institution of this suit, she had tendered back to the defendant the consideration for the release pleaded by the defendant. Althoff y.
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Appeal from St. Louis City Circuit Court. — Eon. Eugene MoQuillin, Judge. (1) The court erred in refusing to give, at the close of the plaintiff’s case and at the conclusion of the entire case, an instruction in the nature of a demurrer to the evidence, requested by the defendant. Because plaintiff failed to plead or prove that, before the institution of this suit, she had tendered back to the defendant the consideration for the release pleaded by the defendant. Althoff y. St. Louis Transit Co., 204 Mo. 170. There was no evidence in the entire record that the jerk, which the plaintiff claimed…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of the alleged negligence of defendant in operating its street car. Plaintiff recovered and defendant prosecutes the appeal.
It appears plaintiff was a passenger on defendant’s west-bound street car on Olive street in gt. Louis. Having paid the car fare-, the conductor furnished her with a transfer to be used on defendant’s car running north on Jefferson avenue. It appears just before the car on which plaintiff was a passenger reached Jefferson avenue, she signalled the same to be stopped by ringing the electric bell, and; walked to…
2Cases cited7 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Glasgow v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Malkmus v. St. Louis Portland Cement Co.Missouri Court of Appeals · 1910
- Westervelt v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Jones v. Springfield Traction Co.Missouri Court of Appeals · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Ohio Valley Mills v. Louisville Railway Co.Court of Appeals of Kentucky · 1916