Gage v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Warwick Hough, Judge. (1) It is not negligence, as a matter of law, for a passenger on a street car to protrude a part of Ms. body out of the car, but the question is one of fact to-be determined by the jury; the test being whether an ordinarily prudent man would do the same act under the same or similar circumstances. Smith v. Railroad,. 120 Mo.
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Appeal from St. Louis City Circuit Court. — Now. Warwick Hough, Judge. (1) It is not negligence, as a matter of law, for a passenger on a street car to protrude a part of Ms. body out of the car, but the question is one of fact to-be determined by the jury; the test being whether an ordinarily prudent man would do the same act under the same or similar circumstances. Smith v. Railroad,. 120 Mo. App. 328; Allen v. Railroad, 183 Mo. 411; Kreimelmann v. Jourdan, Receiver, 107 Mo.. App. 64; Perrette v. Kansas City, 162 Mo. 238; Phelps v. Salisbury, 161 Mo. 1; Nixon v. Railroad, 141 Mo. 425;…
1Opinion of the CourtWoodson, J.
— The plaintiff instituted this suit in the circuit court of the city of St. Louis, on the 18th day of November, 1904, against the defendant to recover the sum of $5,000 damages for the alleged negligent killing of her husband, Henry O. Gage.
The petition in substance alleges:
That plaintiff was a resident of the city of Louisville, State of Mississippi, and that she was the widow of H. C. Gage, the deceased, who during his lifetime was also a resident of Mississippi. That on the 8th day of October, 1904, the deceased was in the city of St. Louis, visiting the World’s Fair; that when on a…
2Cases cited12 opinions
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- Hutchinson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
- Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
- Sweeney v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Young v. WheelockSupreme Court of Missouri · 1933
- Homan v. Missouri Pacific RailroadSupreme Court of Missouri · 1933
- Carter v. BurnsSupreme Court of Missouri · 1933
- Gardner v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Selfe v. FullerSupreme Court of Virginia · 1942
3 more not listed; retrieve them via the Exa API.