Canaday v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Hon. Matt. G. Reynolds, Judge. (1) Tbe demurrer to tbe plaintiff’s evidence, tbe peremptory instruction offered at tbe close of all tbe evidence, and defendant’s requested instruction 1, were all improperly refused. Tbe cause of action stated in the petition was unproven and disproven. Plaintiff was permitted to recover on a cause of action not pleaded.
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Appeal from St. Louis City Circuit Court.— Hon. Matt. G. Reynolds, Judge. (1) Tbe demurrer to tbe plaintiff’s evidence, tbe peremptory instruction offered at tbe close of all tbe evidence, and defendant’s requested instruction 1, were all improperly refused. Tbe cause of action stated in the petition was unproven and disproven. Plaintiff was permitted to recover on a cause of action not pleaded. Tbe relation of carrier and passenger arises out of contract and to support a recovery tbe contract must be established. Scbepers v. Railroad, 126 Mo. 665; Scbaefer v. Railroad, 128 Mo. 61; Duff v.…
1Opinion of the CourtNortoni, J.
This is an action for damages alleged to have accrued through personal injuries inflicted upon the plaintiff while alighting from one of defendant’s street cars. Plaintiff recovered and the defendant appeals. The evidence on the part of plaintiff tended to prove that she was a passenger on one of defendant’s street cars destined for Taylor and Page avenues in-the city of St. Louis. Upon arriving at Taylor avenue, in compliance with a signal from the plaintiff, the car stopped to permit her to alight therefrom. While she was in the act of alighting, the car suddenly started forward with a…
2Cases cited11 opinions
- Brown v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1882
- Head v. Georgia Pacific Railway Co.Supreme Court of Georgia · 1887
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Nevin v. Pullman Palace Car Co.Illinois Supreme Court · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Basler v. Sacramento Elec., Gas & Ry.California Supreme Court · 1913
- Barnhoff v. AldridgeSupreme Court of Missouri · 1931
- Ft. Smith W. R. Co. v. FordSupreme Court of Oklahoma · 1912
- McClure v. JohnsonArizona Supreme Court · 1937
- Herron v. MillerSupreme Court of Oklahoma · 1923
9 more not listed; retrieve them via the Exa API.