Price v. Nicholson

I respectfully dissent from the principal opinion adopted in this case as the opinion of the Court. I think it should be noted that the adopted opinion relies on cases from other states that are in conflict with our decision en banc in McClanahan v. St. Louis Public Service Co., 363 Mo. 500, 251 S.W.2d 704, 707. In the McClanahan case, a boy was clinging to handholds on the outside of a streetcar and it was alleged that the operator, knowing of his position of peril, accelerated the speed of the car, violently jerking it, causing the boy to be thrown from the car and injured. The St. Louis…