Flynn v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Bobt. M. Foster, ;Judge. (1) The trial court ought to have sustained the demurrer to plaintiff’s evidence. The evidence disclosed the fact that the injuries which the plaintiff received were occasioned by the defendant’s agent, after the relation of passenger and carrier had ceased between the plaintiff and defendant, and were also a result of an independent set of acts wholly without the scope of the conductor’s employment.
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Appeal from St. Louis City Circuit Court. — Eon. Bobt. M. Foster, ;Judge. (1) The trial court ought to have sustained the demurrer to plaintiff’s evidence. The evidence disclosed the fact that the injuries which the plaintiff received were occasioned by the defendant’s agent, after the relation of passenger and carrier had ceased between the plaintiff and defendant, and were also a result of an independent set of acts wholly without the scope of the conductor’s employment. Lynch v. Railroad, 10 Am. Neg. 257; Farber v. Railroad, 32 Mo. App. 381; McKeon v. Railroad, 42 Mo. 83; Snyder v.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Defendant moved for a compulsory nonsuit. The refusal of the court to grant this motion is assigned as error., The contention is that the plaintiff’s injuries; were in*195flicted by tbe conductor after tbe relation of carrier and passenger, as between plaintiff and defendant, bad terminated. Tbe evidence of plaintiff tends to show that tbe plaintiff was first assaulted by tbe conductor while be was on tbe car and was pushed or thrown off tbe car, and that tbe assault was unprovoked. This evidence of itself justified tbe court in refusing a compulsory non-suit. It…
2Cases cited7 opinions
- State v. HickamSupreme Court of Missouri · 1888
- Savannah Street v. BryanSupreme Court of Georgia · 1890
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1902
- Wise v. Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1891
- Ormond v. HayesTexas Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hoeffen v. Columbia Taxicab Co.Missouri Court of Appeals · 1913
- McDonald v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Clements v. RobertsTennessee Supreme Court · 1920
- McQuerry v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906