Tillman v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». Warwick Hough, Judge. If plaintiff was not invited to board defendant’s car; if tbe car did not stop at a usual and regular place for taking on passengers, and plaintiff, without the knowledge of any of the servants of defendant in charge of the car, attempted to board the same, then defendant is not liable, even though plaintiff may have been thrown from said car and injured.
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Appeal from St. Louis City Circuit Court. — Ho». Warwick Hough, Judge. If plaintiff was not invited to board defendant’s car; if tbe car did not stop at a usual and regular place for taking on passengers, and plaintiff, without the knowledge of any of the servants of defendant in charge of the car, attempted to board the same, then defendant is not liable, even though plaintiff may have been thrown from said car and injured. Jackson v. Railroad, 118 Mo. 220; Straus v. Railroad, 75 Mo. 185. Defendant was only required to use toward its passengers such skill, diligence and foresight as is…
1Opinion of the CourtReyburn, J.
(after stating tbe facts as above).— 1. Appellant presents as the first error exhibited by tbe record, that there was a substantial variance, that the proof failed to respond to tbe allegations of tbe petition, but was a departure therefrom; that tbe charge was that tbe car lurched forward, throwing plaintiff off tbe car and upon and against a post or upright standard placed near tbe track of tbe defendant,- while tbe evidence of plaintiff established conclusively that tbe post-knocked him from tbe footboard. As tbe case will be reversed and remanded for a new trial for a more conspicuous and…
2Cases cited6 opinions
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Leslie v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Hogan v. Citizens' Railway Co.Supreme Court of Missouri · 1899
- Sharp v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1893
- Hornstein v. United Railways Co.Missouri Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Doisy v. EdwardsSupreme Court of Missouri · 1966
- Harris v. Quality Dairy Co.Missouri Court of Appeals · 1967
- Kansas City Southern Railway Co. v. SandlinMissouri Court of Appeals · 1913
- McKinstry v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Gilroy v. St. Louis Transit Co.Missouri Court of Appeals · 1906