Nagel v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) The charge of negligence in the petition, that defendant’s servants in charge of the car negligently caused and suffered it to be struck and collided with by an engine, is a charge of specific negligence and hence the doctrine of res ipsa loquitur cannot be invoked. Beave v. Transit Co., 212 Mo. 331; G-ibler v. Railroad, 148 Mo. App. 475; Miller v. Railroad, 155 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. William M. Kinsey, Judge. (1) The charge of negligence in the petition, that defendant’s servants in charge of the car negligently caused and suffered it to be struck and collided with by an engine, is a charge of specific negligence and hence the doctrine of res ipsa loquitur cannot be invoked. Beave v. Transit Co., 212 Mo. 331; G-ibler v. Railroad, 148 Mo. App. 475; Miller v. Railroad, 155 Mo. App. 528. (2) Plaintiff’s instruction 1 is erroneous for the reason it does not submit any particular act of negligence on the part of defendant’s…
1Opinion of the CourtNobtoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through the alleged negligence of defendant. Plaintiff recovered and defendant prosecutes the appeal.
•Defendant owns and operates a line of street rail.way in the city of St. Louis, and plaintiff was a passenger on one of its cars at the time of his injury. The place of the injury was at the crossing of defendant’s street car line with the Oak Plill tracks of the Iron Mountain Eailway. The street car on which plaintiff was a passenger collided with an Iron Mountain Eail*288way switch engine operating on what…
2Cases cited13 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Price v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Removich v. Bambrick Bros. Construction Co.Supreme Court of Missouri · 1915
- Bommer v. StedelinMissouri Court of Appeals · 1951
- Burt v. NicholsSupreme Court of Missouri · 1915
- Chiodini v. Terminal Railroad Ass'n of St. LouisMissouri Court of Appeals · 1956
6 more not listed; retrieve them via the Exa API.