Bertram v. Peoples Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Courts — Hon. Jacob ■ Klein, Judge. (1) Instruction numbered 1, given for plaintiff, was erroneous, because: (a) It assumed that plaintiff was an old man. Stone v. Hunt, 94 Mo. 475. (b) It commented on the fact of plaintiff’s age, and unduly directed the attention of the jury to that fact by singling it out. Chouquette v. Barada, 28 Mo. 491; Miller v. Marks, 20 Mo. App. 369; Hopp'er v. Yance, 27 Mo-. App. 336; Doud v. Reid, 53 Mo.
Read the full summary
Appeal from St. Louis City Circuit Courts — Hon. Jacob ■ Klein, Judge. (1) Instruction numbered 1, given for plaintiff, was erroneous, because: (a) It assumed that plaintiff was an old man. Stone v. Hunt, 94 Mo. 475. (b) It commented on the fact of plaintiff’s age, and unduly directed the attention of the jury to that fact by singling it out. Chouquette v. Barada, 28 Mo. 491; Miller v. Marks, 20 Mo. App. 369; Hopp'er v. Yance, 27 Mo-. App. 336; Doud v. Reid, 53 Mo. App. 553; Railroad v. St. L. Union Stock Yds. Co., 120 Mo. 541; Wright v. Richmond, 21 Mo. App. 76; Blair v. Railroad, 31 Mo.…
1Opinion of the CourtBurgess, J.
This is an action for damages for personal injuries alleged to have been sustained by plaintiff while a passenger on one of defendant company’s cars, in the city of St. Louis, on June 29, 1893, by reason of the negligence of the employees in charge of the car.
The petition alleges that immediately after plaintiff had stepped upon said step (referring to the running board of the *643grip car), and before he had time and opportunity to take a. seat in said grip car, as aforesaid, defendant’s agents and servants operating said train, without notice or warning to plaintiff, and while he was turning to…
2Cases cited5 opinions
- St. Louis, Keokuk & Northwestern Railroad v. St. Louis Union Stock Yards Co.Supreme Court of Missouri · 1894
- State v. MooreSupreme Court of Missouri · 1890
- Walker v. City of KansasSupreme Court of Missouri · 1889
- Chouquette v. BaradaSupreme Court of Missouri · 1859
- First National Bank v. HatchSupreme Court of Missouri · 1889
3Cited by8 opinions
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Phelps v. City of SalisburySupreme Court of Missouri · 1901
- Luckel v. Century Building Co.Supreme Court of Missouri · 1903
- Lauck v. ReisSupreme Court of Missouri · 1925
- Grace v. St. Louis RailroadSupreme Court of Missouri · 1900
3 more not listed; retrieve them via the Exa API.