Laycock v. United Railways Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. William T. Jones, Judge. (1) Tlie petition fails to state a cause of action, in that it contains no averment that the jerk which is alleged to have caused the accident, was unusual to the ordinary operation of the street car. Bartley v. Street Ry., 148 Mó. 124, 139; Saxton v. Railroad, 98 Mo. App. 494, 503; Bobbitt v. Street Ry., 169 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. William T. Jones, Judge. (1) Tlie petition fails to state a cause of action, in that it contains no averment that the jerk which is alleged to have caused the accident, was unusual to the ordinary operation of the street car. Bartley v. Street Ry., 148 Mó. 124, 139; Saxton v. Railroad, 98 Mo. App. 494, 503; Bobbitt v. Street Ry., 169 Mo. App. 424. (2) Instruction 1 is erroneous in that it permits a verdict for the plaintiff without requiring the jury to find from the evidence that the jerk which is alleged to have caused the accident, was…
1Opinion of the Court
This case, a suit for personal injuries claimed to have been received by plaintiff as a passenger from a sudden jerk of defendant's car, was tried in the Circuit Court of the City of St. Louis. Judgment was rendered for plaintiff, and defendant appealed to the St. Louis Court of Appeals, which certified the case to this court for final determination, because said Court of Appeals deemed its decision herein contrary to the decision of the Kansas City Court of Appeals in Campbell v. Chillicothe, 175 Mo. App. 436, on the instruction on the measure of damages given for the plaintiff.
I. First: As…
2Cases cited14 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Tinkle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
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3Cited by26 opinions
- Kleinlein v. FoskinSupreme Court of Missouri · 1929
- Umphrey Ex Rel. Umphrey v. DeeryNorth Dakota Supreme Court · 1951
- Seymour v. HouseSupreme Court of Missouri · 1957
- Smith v. CorsatSupreme Court of North Carolina · 1963
- O'Brien v. Vandalia Bus Lines, Inc.Supreme Court of Missouri · 1943
21 more not listed; retrieve them via the Exa API.