Smith v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. '(1) From the collision of cars resulting in injuries to a passenger, under the adjudications in this State, arises the twofold presumption of the carrier’s negligence and of the exercise of ordinary care by the passenger, and casts upon the carrier the onus to show that the injury did not result from its negligence, or that the passenger was guilty of negligence contributing to its occurrence.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. '(1) From the collision of cars resulting in injuries to a passenger, under the adjudications in this State, arises the twofold presumption of the carrier’s negligence and of the exercise of ordinary care by the passenger, and casts upon the carrier the onus to show that the injury did not result from its negligence, or that the passenger was guilty of negligence contributing to its occurrence. Magrane v. Railroad, 183 Mo. 119; Malloy v. Railroad, 173 Mo. 75; Smiley v, Railroad, 160 Mo. 629; Olsen v. Railroad, 152 Mo. 426;…
1Opinion of the Court
BLAND, P. J.;
After stating preliminary matters and that plaintiff boarded one of defendant’s Market street cars, in the city of St. Louis, and paid his fare, the petition alleged:
' “That after taking said seat and paying his fare, plaintiff rested his elbow upon the window sill of said window of the car, and that as said car approached a point between Compton and Theresa avenues on Man-chaster avenue, along the route of said Market street line, his elbow was projecting about two inches on the outside of said car, at which point his elbow was struck by an eastbound Market street line car of…
2Cases cited8 opinions
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Dahlberg v. Minneapolis Street Railway Co.Supreme Court of Minnesota · 1884
- Miller v. St. Louis RailroadMissouri Court of Appeals · 1878
- Barton v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Schloemer v. St. Louis Transit Co.Supreme Court of Missouri · 1907
- Dean & Ratcliffe v. BrockmanMissouri Court of Appeals · 1907
- Lange v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910
- Smith v. St. Louis Transit Co.Missouri Court of Appeals · 1908