Schepers v. Union Depot Railroad
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) Schepers was not a passenger, and the servants in charge of the car owed him no duty but that of ordinary care to avoid injury to him after they saw him in actual danger.
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Appeal from St. Louis County Circuit Court. — Hon. W. W. Edwards, Judge. (1) Schepers was not a passenger, and the servants in charge of the car owed him no duty but that of ordinary care to avoid injury to him after they saw him in actual danger. If the deceased presented himself at the proper time and place, and the servants in charge of the car saw him and became aware of his intention to board the train, or by the exercise of proper care would have so seen and become aware — conditions wholly ignored in this instruction — then defendant owed him the highest degree of care. But even…
1Opinion of the CourtMace aduane, J.
— This is an action, under the statute, to recover the sum of $5,000, as damages, for the death of plaintiff’s husband by the alleged negligence of defendant’s employees in charge of one of its trains of street cars. A trial resulted in a verdict and judgment for plaintiff and defendant appealed.
Defendant operated by electric power a line of street cars along Russell avenue, Twelfth street, and other streets in the city of St. Louis. Russell avenue runs'east and west through the city and crosses Twelfth street at right angles. The railway track is located along Russell from the east to…
2Cases cited10 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Myers v. City of KansasSupreme Court of Missouri · 1891
- Moberly v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1889
- Buck v. People's Street Railway & Electric Light & Power Co.Supreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Aschenbrenner v. United States Fidelity & Guaranty Co.Supreme Court of the United States · 1934
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Maier v. BrockSupreme Court of Missouri · 1909
- Morton v. HeidornSupreme Court of Missouri · 1896
33 more not listed; retrieve them via the Exa API.