Mallett v. St. Louis Public Service Co.

HYDE, Judge.

Action for $35,000 damages for personal injuries. Verdict and judgment for defendant and plaintiff has appealed. The question for decision is whether the court erred in giving Instruction No. 5 authorizing a ver-diet for defendant on contributory negligence.

Plaintiff was injured in falling while getting out of the rear door of defendant’s bus. His case was submitted as a res ipsa loquitur case. Plaintiff was employed as a cook and went to work mornings on defendant’s St. Louis Avenue bus to Grand Avenue, where he would transfer to another bus. The St. Louis Avenue bus was equipped…