Lynch v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». H. D. Wood, Judge. (1) The demurrer to the evidence should have been sustained. The evidence nowhere shows that the pretended dangerous place was made so by any act of defendant, or that the defendant was charged with any duty of .keeping the street in good condition for passengers going to or from the cars. In the absence of such proof the plaintiff can not recover. Moss v. Railroad, 57 App. Div. (N. Y.) '587, 11 Am. Neg.
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Appeal from St. Louis City Circuit Court. — Ho». H. D. Wood, Judge. (1) The demurrer to the evidence should have been sustained. The evidence nowhere shows that the pretended dangerous place was made so by any act of defendant, or that the defendant was charged with any duty of .keeping the street in good condition for passengers going to or from the cars. In the absence of such proof the plaintiff can not recover. Moss v. Railroad, 57 App. Div. (N. Y.) '587, 11 Am. Neg. Rep. 568. (2) It not being shown that the defendant had any control over the street, and was under any duty to keep the…
1Opinion of the CourtGoode, J.
(after stating the facts as above.) — The plaintiff was hurt in stepping from one of the defendant’s trolley cars, Sunday, April 20, 1902. Plaintiff and her sister, Miss Julia P. Lynch, had attended church that morning and afterwards had taken passage on a west-bound Cass avenue car to be carried to Euclid avenue. They signaled by ringing the bell before reaching the place where they wished to get off, which was the west crossing of the intersection of St. Louis and, Euclid avenues. But instead of the car stopping at the crossing as usual, it moved past it and stopped so that the rear…
2Cases cited8 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
- Henry v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Waller v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1894
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3Cited by2 opinions
- Caley v. Kansas City, Missouri & Kansas City Public Service Co.Missouri Court of Appeals · 1932
- Caley v. K.C., Mo. K.C. Pub. Serv. Co.Missouri Court of Appeals · 1932