McKinstry v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — lion. D. D. Fisher, Judge. (1) The motion in arrest of judgment should have been sustained. The petition does not state facts ■sufficient to constitute a cause of action. It does not allege that the car did not stop a reasonable time to allow plaintiff to alight. Nor does it allege that the conductor knew or should have known that the plaintiff was in the act of alighting.
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Appeal from St. Louis City Circuit Court. — lion. D. D. Fisher, Judge. (1) The motion in arrest of judgment should have been sustained. The petition does not state facts ■sufficient to constitute a cause of action. It does not allege that the car did not stop a reasonable time to allow plaintiff to alight. Nor does it allege that the conductor knew or should have known that the plaintiff was in the act of alighting. "Without the allegation of one or the other of these things no cause of action is stated. If the rule of highest degree of care can be held to apply to any other matter than those…
1Opinion of the CourtReyburn, J.
— An error is ascribed to the trial judge in overruling the motion in arrest, levelled at the complaint as not stating facts sufficient to constitute a cause of action against defendant, and also in giving instructions to the jury submitting the issue whether the car stopped a sufficient length of time to enable the plaintiff, acting with diligence, to alight in safety, the substantial and assailed paragraphs of the petition are reproduced as follows:
“Plaintiff states that on or about the fifth day of April, 1903, she was a passenger on one of the defendant’s west-bound Olive street ears;…
2Cases cited26 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Stewart v. City of ClintonSupreme Court of Missouri · 1883
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
21 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Dean v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1906
- O'Keefe v. United Railways Co.Missouri Court of Appeals · 1907
- Midland Valley Co. v. HilliardSupreme Court of Oklahoma · 1915
- Jones v. Springfield Traction Co.Missouri Court of Appeals · 1909
- Sizer Forge Co. v. Weber Gas & Gasoline Engine Co.Missouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.