Berry v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) The right of a person to carriage as a passenger on a street car rests on a contract, the essential ingredients of which are, that the person must signify his intention to take passage, either by words or conduct, and the car-men must assent, by words or conduct, to his becoming a passenger. Ornara v. Railroad, 102 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kinsey, Judge. (1) The right of a person to carriage as a passenger on a street car rests on a contract, the essential ingredients of which are, that the person must signify his intention to take passage, either by words or conduct, and the car-men must assent, by words or conduct, to his becoming a passenger. Ornara v. Railroad, 102 Mo. App. 202; Schepers v. Railroad, 126 Mo. 665; Farley v. Railroad, 108 Fed. 14; Railroad v. O’Keefe, 168 111. 115. (2) It is not necessary to the status of a passenger that a person be actually on the car,…
1Opinion of the CourtYalliant, P. J.
— Plaintiff, a boy twelve years old, in attempting to board a street car, alleged in the petition to have been then owned and operated by the defendant corporations, was severely injured and sues to recover damages for his injuries, alleging that the accident was caused by the negligence of defendants’ servants in operating the car. The case stated in the petition is that the plaintiff, with two other boys, was sent by their employer to carry a letter-press to a person in the western part of the city; that to accomplish their mission it was necessary for them to take passage on one of…
2Cited by1 opinion
- Harvey v. Fresno Traction Co.California Supreme Court · 1917