Elliot v. United Railways Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. — Ron. Rhodes E. Gave., Judge. (1) The court erred in refusing* to give the instruction in the nature of a demurrer to the evidence, for the reason that the place where plaintiff attempted to board the car was not a usual or customary stopping place and there was no showing that the operatives actually saw her attempting to board the car.
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Appeal from the Circuit Court of the City of St. Louis. — Ron. Rhodes E. Gave., Judge. (1) The court erred in refusing* to give the instruction in the nature of a demurrer to the evidence, for the reason that the place where plaintiff attempted to board the car was not a usual or customary stopping place and there was no showing that the operatives actually saw her attempting to board the car. A showing of either one of. these conditions is a prerequisite to a recovery in a boarding case. McCarty v. Eailway Company, 105 Mo. App. 596, 600; Husbands v. Eailway Co., 196 S. W. 78, 81; Murphy v.…
1Opinion of the CourtAllen, J.
— This is an action for personal injuries alleged to have been sustained by plaintiff through the negligence of the defendant while plaintiff was attempting to take passage upon a street car operated by the defendant in the city of St. Louis. The trial, before the court and a jury, resulted in a verdict and judgment for plaintiff in the sum of $3000, and the case is here on defendant’s appeal.
The petition, after charging that defendant is a common carrier of passengers for hire by street railway, alleges that on December 26, 1914, the defendant’s servants in charge of an eastbound street car…
2Cases cited4 opinions
- McCarty v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1904
- Jacobson v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Flannigan v. NashMissouri Court of Appeals · 1915
- Hays v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914