Leimbach v. United Rys. Co. of St. Louis
Missouri Court of Appeals
Appeal from the Circuit Cohrt of the City of St. Louis. —Hon. Kent K. Koerner, Judge. The court erred in giving, of its own motion, instruction No. 5, for the reason that it did not submit the specific act of negligence set out in the petition, but was merely a “roving commission” to the jury to find for plaintiff “on any theory of negligence they might evolve out of their own minds.” Beave v. St. Louis Trans. Co., 212 Mo. 331; Allen v. St. Louis Trans.
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Appeal from the Circuit Cohrt of the City of St. Louis. —Hon. Kent K. Koerner, Judge. The court erred in giving, of its own motion, instruction No. 5, for the reason that it did not submit the specific act of negligence set out in the petition, but was merely a “roving commission” to the jury to find for plaintiff “on any theory of negligence they might evolve out of their own minds.” Beave v. St. Louis Trans. Co., 212 Mo. 331; Allen v. St. Louis Trans. Co., 183 Mo. 411; Miller v. U. R. Co., 155 Mo. App. 528; Mulderig v. U. R. Co., 116 Mo. App. 655; Sommers v. Transit Co., 108 Mo. App. 319;…
1Opinion of the CourtAllen, J.
This is an action for personal injuries sustained by plaintiff while attempting to alight from a street car operated by defendant, and alleged to have been occasioned by defendant’s negligence. The trial below, before the court and a jury, resulted in a verdict and judgment for plaintiff in the sum of $1500, and the defendant appeals.
The petition alleges that while plaintiff was a passenger upon defendant’s street car she signalled for the car to stop, and that as she was leaving the car, defendant’s servants operating it “negligently and carelessly caused her to be thrown with great force…
2Cases cited10 opinions
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Sommers v. St. Louis Transit Co.Missouri Court of Appeals · 1904
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3Cited by2 opinions
- Harris v. ConwaySupreme Court of Oklahoma · 1959
- Potts v. ThompsonNew Jersey Superior Court Appellate Division · 1960