Reynolds v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from Franklin Circuit Court.— Eon. John W. v McElhinney, Judge. (1) There was no evidence that “defendant received plaintiff as a passenger for hire,” and that question should not have been submitted to the jury. An instruction should not be given if there is no evidence upon which to base it.
Read the full summary
Appeal from Franklin Circuit Court.— Eon. John W. v McElhinney, Judge. (1) There was no evidence that “defendant received plaintiff as a passenger for hire,” and that question should not have been submitted to the jury. An instruction should not be given if there is no evidence upon which to base it. Paddock v. Somes, 102 Mo. 226; Wilkerson v. Eilers, 114 Mo. 245; Holden v. Railroad, 177 Mo. 469; Reno v. Railroad,Ci79 S. W. 464. The relation of carrier and passenger arises out of contract, and to support a recovery the contract must be established. Schepers v. Railroad, 126 Mo. 665; Schaefer…
1Opinion of the CourtValliant, J.
Plaintiff obtained a judgment for $23,400 damages for injuries to his person received in a collision of two street cars of defendant. The defendant appeals.
The plaintiff was a passenger on one of defendants street cars on what is called the Bellefontaine line, and as the car was crossing another track of defendant, called the Fourth street line, a car on the last-named track, aiming for the same crossing, struck the ear in which plaintiff was riding, in consequence of which the plaintiff was thrown out of the seat and received severe injuries. The suit was begun in St. Louis, hut taken by…
2Cases cited8 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Darrier v. DarrierSupreme Court of Missouri · 1874
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Banks v. Morris CompanySupreme Court of Missouri · 1924
- The Greyhound Corporation v. Excess Insurance Company of AmericaCourt of Appeals for the Fifth Circuit · 1956
- Southwestern Bell Telephone Co. v. FerrisCourt of Appeals of Texas · 1935
- Devoy v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Hillis v. Home Owners' Loan Corp.Supreme Court of Missouri · 1941
25 more not listed; retrieve them via the Exa API.