Foland v. Southwest Missouri Electric Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) When the plaintiff has alleged specific acts of negligence in her petition, she assumes the burden of proving them and must recover, if at all, upon the negligence pleaded.
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Appeal from Jasper Circuit Court. — Hon. Howard Gray, Judge. (1) When the plaintiff has alleged specific acts of negligence in her petition, she assumes the burden of proving them and must recover, if at all, upon the negligence pleaded. Hamilton v. Railway, 89 S. W. 894; Waldheir v. Railroad, 71 Mo. 514; Price v. Railroad, 72 Mo. 414; Ely v. Railroad, 77 Mo. 34; Leslie v. Railroad, 88 Mo. 50; Yarnall v. Railroad, 113 Mo. 570; Bunyan v. Railroad, 127 Mo. 19; Hite v. Railroad, 130 Mo. 132; M'cNamee v. Railroad, 135 Mo. 447; Bartley v. Railroad, 148 Mo. 139; Feary v. Railway, 162 Mo. 96;…
1Opinion of the CourtBroa Ddls, P. J.
This is a suit for negligence.. The specific acts of negligence charged are as follows:
“Plaintiff says that defendant, unmindful of its duty in the premises, failed and neglected to stop said car a sufficient length of time for plaintiff to board its said car, whereby the plaintiff, without fault on her part, was, through the carelessness and negligence, and want of care and skill of defendant’s servants in charge of said car, as she was attempting to board said car, and after having one foot on the lower step of said car, and Hold of the handhold, the car was suddenly started, and she was…
2Cases cited4 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Roenfeldt v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- Baxter v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Gettys v. St. Louis Transit Co.Missouri Court of Appeals · 1903