Sanders v. Southern Electric Railway Co.
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The ordinance in question is enforcible only when it is shown that the company has contracted to perform.it. The degree of care imposed by the ordinance being greater than that of the common law, the city in the absence of contract has no power to enforce it. The ordinance when offered in evidence could not have been ruled out, since the petition alleged a contract with defendant.
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Appeal from Gasconade Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The ordinance in question is enforcible only when it is shown that the company has contracted to perform.it. The degree of care imposed by the ordinance being greater than that of the common law, the city in the absence of contract has no power to enforce it. The ordinance when offered in evidence could not have been ruled out, since the petition alleged a contract with defendant. But when plaintiff rested without having made good this latter allegation, it was error to instruct the jury that .defendant Avas bound to…
1Opinion of the CourtMarshall, J.
— This is an action to recover damages for personal injuries received from a collision between an electric street car and the wagon which the plaintiff was driving. It occurred at the intersection of Seventh and Hickory streets, in the city of St. Louis, on the 21st of August, 1893, between seven and eight o’clock in the morning. Seventh street is 60 feet wide and Hickory street is 50 feet wide. Plaintiff was driving his wagon south on Seventh street, and the car was going east on Hickory street, *415that street having a fall of five feet between Eighth and Seventh streets.
The negligence alleged…
2Cases cited7 opinions
- Flynn v. Canton Co.Court of Appeals of Maryland · 1874
- Norton v. City of St. LouisSupreme Court of Missouri · 1888
- City of St. Louis v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1891
- State ex rel. Johnson v. WithrowSupreme Court of Missouri · 1891
- Fath v. Tower Grove & LaFayette RailwaySupreme Court of Missouri · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
16 more not listed; retrieve them via the Exa API.