Gardner v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circnit Court. — Hon. Jno. G. Parle, Judge. (1) A carrier is held to the exercise of that high degree of care, caution and foresight for the safety of its passengers that a very careful and prudent person would exercise under like circumstances.
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Appeal from Jackson Circnit Court. — Hon. Jno. G. Parle, Judge. (1) A carrier is held to the exercise of that high degree of care, caution and foresight for the safety of its passengers that a very careful and prudent person would exercise under like circumstances. And this rule applies not only to the construction of the car, used by a street railway company, but to a trolley pole placed . at the side of the track and a cross-beam placed thereon, said pole and cross-beam being both used as a part of the operative equipment of the line. Och v. Railway, 130 Mo. 51. (2) A witness who carefully…
1Opinion of the Court
WOODSON, J
The plaintiff was a passenger upon one of defendant’s street ears, and while being carried as such he sustained the injuries complained of. He brought this suit in the circuit court of Jackson county to recover the sum of $5,000 damages for those injuries. The trial resulted in a judgment for the defendant, and the plaintiff appealed.
The petition upon which the cause was tried, formal parts omitted, was as follows;
“For his cause of action plaintiff states that each of the defendants is a corporation, duly incorporated, and existing according to law; and that fendants have their…
2Cases cited28 opinions
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
23 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Lewis Ex Rel. Piening v. ZagataSupreme Court of Missouri · 1942
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Crowl ex rel. Crowl v. American Linseed Co.Supreme Court of Missouri · 1914
- Andrew v. LinebaughSupreme Court of Missouri · 1914
- Ganey v. Kansas CitySupreme Court of Missouri · 1914
7 more not listed; retrieve them via the Exa API.