Haas v. St. Louis & Suburban Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. John W. MoElhinney, Judge. (1) The instruction, offered by defendant at the close of plaintiff’s case, in the nature of a demurrer to the pleadings and evidence, should have -been given.
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Appeal from St. Louis City Circuit Court. — Eon. John W. MoElhinney, Judge. (1) The instruction, offered by defendant at the close of plaintiff’s case, in the nature of a demurrer to the pleadings and evidence, should have -been given. The petition alleged that plaintiff was a passenger, and of this allegation there was a total failure of proof. 2 Labbatt, p. 1830, and note; Higgins v. Railway, 36 Mo. 418; Haynes v. Trenton, 108 Mb. 123,18 S. W. 1003; McCormick v. Traction Co'., 154 Mo. 191, 55 S. W. 252; Raming v. Railway, 157 Mo. 477, '57 S. W. 268; Pat. Mo. Code. PL, sec. 181; Whipple v.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The motorman, whose car bumped against the one plaintiff was on, testified that the track was covered with loose *710leaves and was so slick he was unable to control his car and stop it in time to prevent the collision. He is corroborated by several other witnesses, in respect to the slippery condition of the track.
The petition alleged that plaintiff boarded the car at Clayton to be carried as a passenger to the city of St. Louis. The contention of appellant is, that he was not a passenger and for this reason he was not entitled to recover under the allegation of…
2Cases cited32 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Ford v. City of Des MoinesSupreme Court of Iowa · 1898
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Denver & Berkeley Park Rapid Transit Co. v. DwyerSupreme Court of Colorado · 1894
27 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- Putnam v. Pacific Monthly Co.Oregon Supreme Court · 1913
- Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- Harris v. City & Elm Grove RailroadWest Virginia Supreme Court · 1911
6 more not listed; retrieve them via the Exa API.