Fels v. East St. Louis & S. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Missouri; Charles B. Earis, Judge. Action by Raphael Fels against the East St. Louis & Suburban Railway Company, a corporation of the state of Illinois. Judgment for defendant, and plaintiff brings error.
1DissentCotterae, District Judge
My dissent is necessary, as I think there was error in giving and refusing instructions to the jury. Concededly, the plaintiff was injured at a street crossing where this car and cars usually stopped for passengers to get on and off. There was the implied invitation to passengers subject to their acceptance. The conductor had the duty, before giving the signal to start, to look and see whether passengers were safely on board. Where an invitation is given for the purpose and one attempts to go upon the steps to take passage, the relation of passenger and carrier is made out. 3 Thompson, Neg. §…
2Cases cited4 opinions
- Devoy v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Cohen v. West Chicago St. Ry. Co.Court of Appeals for the Seventh Circuit · 1894
- St. Louis Southwestern Ry. Co. v. WainwrightCourt of Appeals for the Eighth Circuit · 1907
- Memphis St. Ry. Co. v. HugginsCourt of Appeals for the Sixth Circuit · 1914