Hansberger v. Sedalia Electric Railway, Light & Power Co.
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — lion. George F, Longan, Judge. (1) Plaintiff’s instructions numbered One, four and five, submitted to the jury a different cause of action from th.e one pleaded. Meriwether v. Cable Co., 45 Mo. App. 528; Ohitty v. Railway, 148 Mo. 64; Mason v. Railroad, 75 Mo.
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Appeal from the Pettis Circuit Court. — lion. George F, Longan, Judge. (1) Plaintiff’s instructions numbered One, four and five, submitted to the jury a different cause of action from th.e one pleaded. Meriwether v. Cable Co., 45 Mo. App. 528; Ohitty v. Railway, 148 Mo. 64; Mason v. Railroad, 75 Mo. App. 1; Bartley v. Railway, 148 Mo. 139. (2) Plaintiff’s first instruction imposes a duty on the defendant, which it is not charged with the violation of, viz.: The duty of having careful employees in charge of the cars. (3) Plaintiff’s third instruction is ambiguous; construing it in harmony with…
1Opinion of the CourtSmith, P. J.
Action to recover damages for personal injuries. The petition of the plaintiff alleged, that on September 15, 1897, plaintiff -approached the track of defendant at the intersection of Fifth and Ohio streets, in Sedalia, and signaled the car of the defendant, which was approaching from the north; that in response to said signal the motorman in charge of said car, brought the car to a stop; that thereupon plaintiff believing that said car had stopped for him to board the same, took hold of the handrail and then set one foot on 'the step to board said car, but before plaintiff could or had time…
2Cases cited16 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
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3Cited by4 opinions
- Flint v. Loew's St. Louis Realty & Amusement Corp.Supreme Court of Missouri · 1939
- Dawson v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Schmitt v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Pyle v. McNealyMissouri Court of Appeals · 1933