Peterson v. United Railways Co.
Missouri Court of Appeals
Appeal' from St. Louis City Circuit Court.—Hon. George C. Hitchcock, Judge. (1) Plaintiff’s instruction number 1 is erroneous, because it permitted a recovery by plaintiff if the jury found that the conductor failed to keep a vigilant watch, as required by the so-called “Vigilant Watch Ordinance” of the city of St. Louis, when, under the law, a recovery could lie had only in the event the motorman failed to keep such lookout. G-ebhardt v. St. Louis Transit Co., 97 Mo.
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Appeal' from St. Louis City Circuit Court.—Hon. George C. Hitchcock, Judge. (1) Plaintiff’s instruction number 1 is erroneous, because it permitted a recovery by plaintiff if the jury found that the conductor failed to keep a vigilant watch, as required by the so-called “Vigilant Watch Ordinance” of the city of St. Louis, when, under the law, a recovery could lie had only in the event the motorman failed to keep such lookout. G-ebhardt v. St. Louis Transit Co., 97 Mo. App. 373; Heinzle v. Railroad, 182 Mo. 528. (2) Plaintiff’s instruction number 1, which authorized the jury to find for…
1Opinion of the CourtReynolds, P. J.
This is an action to recover damages for injuries sustained by plaintiff while riding in an automobile which became stalled, along the south westward bound track of defendant’s railway, on Gravois avenue in the city of St. Louis, it being set out in the petition that while the automobile was so stalled, one of defendant’s cars, operated upon the track and in charge of a motorman and conductor, collided with the automobile thereby inflicting injuries upon plaintiff for which he prayed judgment. The petition is not set out in full but from the synopsis of it the allegations of negligence appear…
2Cases cited3 opinions
- Murray v. St. Louis Transit Co.Supreme Court of Missouri · 1903
- Bectenwald v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Frank v. St. Louis Transit Co.Missouri Court of Appeals · 1905
3Cited by2 opinions
- Latham v. HoschMissouri Court of Appeals · 1921
- Charlesworth v. JacobMissouri Court of Appeals · 1930