Gebhardt v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — flow. Warwick Hough, Judge, (1) The motion to elect, filed by defendant at the threshold of plaintiff’s case, should have been sustained, because the petition pleaded in one count three common-law acts of negligence, all of which are ex delicto and constitute one cause of action, and also attempted to plead a violation of the vigilant watch ordinance, which, is ex contractu, because passed by the city under its contractual powers,…
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Appeal from St. Louis City Circuit Court. — flow. Warwick Hough, Judge, (1) The motion to elect, filed by defendant at the threshold of plaintiff’s case, should have been sustained, because the petition pleaded in one count three common-law acts of negligence, all of which are ex delicto and constitute one cause of action, and also attempted to plead a violation of the vigilant watch ordinance, which, is ex contractu, because passed by the city under its contractual powers, and the observance thereof made a condition of the operation of the street railroad and, therefore, constituted another…
1Opinion of the CourtBland, P. J.
— The petition charges that, “On July 27, 1900, while plaintiff was driving a horse and. buggy west on Oourtois street, in the city of St. Louis, across defendant’s track on Michigan avenue, his buggy was struck and demolished by a car of the defendant, throwing him to the center of the defendant’s track, dragging him more than fifty feet, and causing a fracture of one bone in the right arm, and other injuries.”
The negligence charged is:
“1. That the employees of the defendant, in charge of the car, negligently and carelessly and un-. skillfully ran and operated said car at a highly improper,…
2Cases cited10 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Fuchs v. St. LouisSupreme Court of Missouri · 1896
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Fath v. Tower Grove & LaFayette RailwaySupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- West v. JaloffOregon Supreme Court · 1924
- Christiansen v. St. Louis Public Service Co.Supreme Court of Missouri · 1933
- Cox v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1903
14 more not listed; retrieve them via the Exa API.