Scamell v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court . — Eon. S. P. Spencer, Judge.' (1) The petition fails to state a cause of action, in that it fails to aver that plaintiff’s son was her'servant, and also fails to allege her special damages. Dunn v.' Eailroad, 21 Mo. App. 202; Schwartz v. Eailway, 46 Mo. App. 380; Matthews v. Eailway, 26 Mo.
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Appeal from St. Louis City Circuit Court . — Eon. S. P. Spencer, Judge.' (1) The petition fails to state a cause of action, in that it fails to aver that plaintiff’s son was her'servant, and also fails to allege her special damages. Dunn v.' Eailroad, 21 Mo. App. 202; Schwartz v. Eailway, 46 Mo. App. 380; Matthews v. Eailway, 26 Mo. App. 84. (2) The court erred in refusing to sustain the demurrer to the evidence, for the following reasons: (a) No causal connection was shown by the evidence between the jerk which ' plaintiff and her witnesses claimed caused plaintiff’s son to fall from the car…
1Opinion of the CourtReyburn, J.
(after stating the facts as above).— 1. The imperative instruction asked by defendant at the close of the testimony was not justified on either ground urged, and was properly rejected. The evidence was in conflict, but the testimony offered by plaintiff, if given credence by the jury, warranted and supported the conclusion that, without fault on his part, defendant had been remiss in its duty, as a common carrier of passengers, towards the plaintiff, and the casualty thereby occasioned; the proof introduced in defense of the action tended to establish the charge of the defendant in its…
2Cases cited16 opinions
- Bowie v. City of KansasSupreme Court of Missouri · 1873
- Salmon Falls Bank v. LeyserSupreme Court of Missouri · 1893
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Elfrank ex rel. Elfrank v. SeilerSupreme Court of Missouri · 1873
- Seckinger v. Philibert & Johanning Manufacturing Co.Supreme Court of Missouri · 1895
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3Cited by5 opinions
- Mennemeyer v. HartSupreme Court of Missouri · 1949
- Frank Horton & Co., Inc. v. DiggsMissouri Court of Appeals · 1976
- Franklin v. ButcherMissouri Court of Appeals · 1910
- Bellamy v. WhitsellMissouri Court of Appeals · 1907
- Angel v. City of PortagevilleMissouri Court of Appeals · 1912