Legal Opinion

Peck v. St. Louis Transit Co.

Supreme Court of Missouri

Decided December 23, 1903PublishedCited by 12 opinions

Appeal from St. Louis County Circuit Court. — Now. Jno. W. McElhinney, Judge-. Plaintiff’s ease is based upon the negligent act of defendant when, after bringing its car to a stop (or, as claimed by defendant’s witnesses, almost to a stop) at the crossing of Grand avenue and Laclede avenue, while plaintiff was in the act of alighting from said car, defendant carelessly and negligently suddenly started said car, throwing the plaintiff to the ground in a violent manner.

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Appeal from St. Louis County Circuit Court. — Now. Jno. W. McElhinney, Judge-. Plaintiff’s ease is based upon the negligent act of defendant when, after bringing its car to a stop (or, as claimed by defendant’s witnesses, almost to a stop) at the crossing of Grand avenue and Laclede avenue, while plaintiff was in the act of alighting from said car, defendant carelessly and negligently suddenly started said car, throwing the plaintiff to the ground in a violent manner. That plaintiff was severely and permanently injured, was not contested by defendant. Plaintiff also asks reversal on account…

1Opinion of the CourtValliant, J.

Plaintiff was a passenger on one of defendant’s street cars and, in attempting to alight therefrom, Ml in the street and received injuries. She said in her petition that the car had stopped for the purpose of allowing her to alight and that while she *623was in the act of alighting the defendant carelessly and negligently suddenly started said car, throwing her to-the ground in a violent manner. That is the only act of negligence charged. The answer was a general denial and a plea of contributory negligence.

The evidence for the plaintiff tended to sustain the allegations of her petition; that for…

2Cases cited7 opinions

  1. Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
  2. Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
  3. Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
  4. Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
  5. Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879

2 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Green v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
  2. Gunn v. United Railways Co.Supreme Court of Missouri · 1917
  3. Pratt v. Utah Light & Traction Co.Utah Supreme Court · 1918
  4. Harmon v. United Railways Co.Missouri Court of Appeals · 1912
  5. Anderson v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908

7 more not listed; retrieve them via the Exa API.

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