Buck v. People's Street Railway & Electric Light & Power Co.
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. Action for personal injuries to plaintiff by defendant as a passenger carrier. Judgment for plaintiff; defendant appealed. The defendant’s request for instruction, numbered 1 (mentioned in the opinion), as originally asked, read as shown below; but the court erased the words now inclosed by brackets, added in their stead those indicated by italics, and then gave the instruction so modified.
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Appeal from, Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. Action for personal injuries to plaintiff by defendant as a passenger carrier. Judgment for plaintiff; defendant appealed. The defendant’s request for instruction, numbered 1 (mentioned in the opinion), as originally asked, read as shown below; but the court erased the words now inclosed by brackets, added in their stead those indicated by italics, and then gave the instruction so modified. “1. If the jury believe from the evidence that Orley Buck got onto defendant’s car to ride thereon, and that the driver of said car stopped…
1Opinion of the CourtBarclay, J.
The plaintiff was a small boy at the time of the injury that forms the basis of this action. The proceeding was begun, in his interest, by his father as next friend, and, after issues joined, a trial was had before Judge Spenceb and a jury.
The plaintiff’s testimony tends to show that he got aboard a street car of defendant’s line in St. Joseph to take a ride with the driver, who was in sole charge, one afternoon in April, 1889. Nobody else was on the car. Plaintiff took a position on the front platform by the driver. When they reached a point near the boy’s home, he expressed a wish to get…
2Cases cited4 opinions
- Muehlhausen v. St. Louis RailroadSupreme Court of Missouri · 1886
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
- Hawes v. Kansas City Stock-Yards Co.Supreme Court of Missouri · 1890
- Posey v. . PattonSupreme Court of North Carolina · 1891
3Cited by15 opinions
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- Padgitt v. MollSupreme Court of Missouri · 1900
- Chrum v. St. Louis Public Service Co.Supreme Court of Missouri · 1951
- Marden v. Portsmouth, Kittery & York Street RailwaySupreme Judicial Court of Maine · 1905
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