O'Rourke v. Lindell Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. P. R. Élitcraft, Judge, (1) Instruction 1, given at the instance of the plaintiff, does not correctly express, the rule of law in respect of this case, and was misleading. It made the Lindell company answerable for the high degree of care of a carrier.
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Appeal from St. Louis City Circuit Court. — Hon. P. R. Élitcraft, Judge, (1) Instruction 1, given at the instance of the plaintiff, does not correctly express, the rule of law in respect of this case, and was misleading. It made the Lindell company answerable for the high degree of care of a carrier. (2) The second instruction given at the request of the Suburban company, in addition to interjecting an issue not made by the pleadings, was also a comment upon the evidence and misleading as to the force and effect of the fact so commented upon. Fusilli v. Railroad, 45 Mo. App. 535; Noyes v.…
1Opinion of the CourtMacfarlane, J.
This is an action for compensation for injuries to plaintiff, alleged to have been sustained while plaintiff was a passenger on a car of the defendant, the St. Louis Suburban Railway Company. The car on which plaintiff was a passenger came into collision with a car of the Lindell Railway Company, and plaintiff’s injuries were charged to have resulted in consequence of the collision. The plaintiff brought her action against both of the railway companies, and obtained a verdict and judgment against the Lindell company for $3,000 damages. The cause was tried before Judge Elitcraft and a jury. As…
2Cases cited6 opinions
- Wiggin v. St. LouisSupreme Court of Missouri · 1896
- Tetherow v. St. Joseph & Des Moines RailroadSupreme Court of Missouri · 1888
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Dickson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- State Bank v. BartleSupreme Court of Missouri · 1893
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3Cited by20 opinions
- Charles v. WhiteSupreme Court of Missouri · 1908
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Missouri, Kansas & Texas Railway Co. v. American Surety Co.Supreme Court of Missouri · 1921
- Johnson v. Waverly Brick & Coal Co.Supreme Court of Missouri · 1918
- State Ex Rel. Nevins v. HughesSupreme Court of Missouri · 1941
15 more not listed; retrieve them via the Exa API.