Bailey v. Citizens Railway Co.
Supreme Court of Missouri
Appeal .from, St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in giving plaintiff’s instruction number 1. First. It placed the burden of proof on defendant, when it was on the plaintiff. The general rule that negligence on the part of defendant must be alleged and proven, is fundamental.
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Appeal .from, St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court erred in giving plaintiff’s instruction number 1. First. It placed the burden of proof on defendant, when it was on the plaintiff. The general rule that negligence on the part of defendant must be alleged and proven, is fundamental. Fuchs v. St. Louis, 133 Mo. 198; Chapman v. Street Ry., 114 Mo. 542; Goode v. St. Louis,. 113 Mo. 257; Ellerbe v. Berney, 119 Mo. 632; Johnson Co. v. Wood, 84 Mo. 489; McCulloch v. Holmes, 111 Mo. 445; Thornton v. Royce, 56 Mo. App. 179; Beatie v. Rocky Branch Coal Co., 56 Mo. App.…
1Opinion of the CourtGantt, C. J.
Action for damages growing out of personal injuries.
The petition alleges that the defendant is and at the times mentioned was a corporation by virtue of the laws of Missouri and used and operated a certain street railway and crossing along Easton and Eranklin avenues. That the St. Louis Cable & Western railway used at said times a certain railway which was crossed by defendant’s railway at or near the junction of Easton and Franklin avenues in St. Louis. That on the twenty-sixth day of August, 1889, the plaintiff was conductor of one of the cable cars of the St. Louis Cable & Western railway…
2Cases cited3 opinions
- Becke v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Moberly v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1889
- Rapp v. St. Joseph & Iowa RailroadSupreme Court of Missouri · 1891
3Cited by4 opinions
- Cole v. FitzgeraldMissouri Court of Appeals · 1908
- Krone v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1903
- Burleigh v. St. Louis Transit Co.Missouri Court of Appeals · 1907
- O'Gara v. St. Louis Transit Co.Supreme Court of Missouri · 1907