Olfermann v. Union Depot Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The supreme court will reverse a judgment based on evidence so improbable, as to necessarily lead to the conclusion that the verdict was the result of passion or prejudice. Spolm v. Railroad, 87 Mo. 74; Garrittv. Greemvell, 92 Mo. 120; Whitsettv. Ransom, 79 Mo. 258. (2) Instructions are erroneous which leave it to the jury to find, in a general way, what constitutes negligence.
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Appeal from St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) The supreme court will reverse a judgment based on evidence so improbable, as to necessarily lead to the conclusion that the verdict was the result of passion or prejudice. Spolm v. Railroad, 87 Mo. 74; Garrittv. Greemvell, 92 Mo. 120; Whitsettv. Ransom, 79 Mo. 258. (2) Instructions are erroneous which leave it to the jury to find, in a general way, what constitutes negligence. Goodwin v. Railroad, 75 Mo. 73; Ravenscroft v. Railroad, 27 Mo. App. 617. (3) Negligence may be presumed and in most cases must be presumed from…
1Opinion of the CourtBlack, P. J.
This is an appeal prosecuted by the plaintiff from a verdict and judgment'in an action for personal injuries sustained by 'the plaintiff while she was either getting on or off the defendant’s street cars operated by electricity.
According to the evidence of the plaintiff, she and another lady, Mrs. Fricke, were on the east side of the street on which the plaintiff operates its cars. They saw a train composed of two cars coming, and the plaintiff signaled the motorman to stop. The train stopped after it passed a street crossing. She and her friend, passed behind the train to the west side of…
2Cases cited2 opinions
- Witting v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1890
- Otis Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
3Cited by8 opinions
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- McGuire Ex Rel. McGuire v. AmyxSupreme Court of Missouri · 1927
- State v. CurtnerSupreme Court of Missouri · 1914
- State v. SaltsSupreme Court of Missouri · 1932
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