Beave v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Instruction 1, given at the request of plaintiff, is erroneous because it authorized tbe jury to return a verdict for plaintiff, if they found that there was any negligence on the part of defendant, instead of limiting them to the particular act of negligence counted on in the petition.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Instruction 1, given at the request of plaintiff, is erroneous because it authorized tbe jury to return a verdict for plaintiff, if they found that there was any negligence on the part of defendant, instead of limiting them to the particular act of negligence counted on in the petition. Peary v. Railroad, 162 Mo, 96; Ely v. Railroad, 77 Mo. 34; Waldhier v. Railroad, 71 Mo. 514; Price v. Railroad, 72 Mo. 414; Leslie v. Railroad, 88 Mo. 50; Yarnell v. Railroad, 113 Mo. 570; Bunyan v. Railroad, 127 Mo. 12; Hite v. Railroad,…
1Opinion of the CourtPox, P. J.
— The plaintiff instituted this suit in
the circuit court of the city of St. Louis against the St. Louis Transit Company, United Railways Company of St. Louis and the Missouri' Pacific Railway Company, to recover the sum of $25,001) damages on account of personal injuries sustained by him, caused by the alleged negligence of the defendants in permitting a street car of the Transit Company, on which plaintiff was a passenger, to come in collision with an engine and train of cars belonging to and moving upon the tracks of the Missouri Pacific Company, at the intersection of those railroads on…
2Cases cited6 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
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3Cited by60 opinions
- Maki v. Murray HospitalMontana Supreme Court · 1932
- Homan v. Missouri Pacific RailroadSupreme Court of Missouri · 1933
- Hogan v. Kansas City Public Service Co.Supreme Court of Missouri · 1929
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Annin v. JacksonSupreme Court of Missouri · 1937
55 more not listed; retrieve them via the Exa API.