Murphy v. Lindell Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion. D. D. Fisher, Judge. Plaintiff’s instruction 1 is erroneous in that' it required defendant’s servants in charge of its car, after seeing plaintiff on or near the track, to stop the same in the shortest time and space possible. The requirement to stop in the shortest time and space possible is made by a general ordinance introduced in evidence by plaintiff.
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Appeal from St. Louis City Circuit Court. — lion. D. D. Fisher, Judge. Plaintiff’s instruction 1 is erroneous in that' it required defendant’s servants in charge of its car, after seeing plaintiff on or near the track, to stop the same in the shortest time and space possible. The requirement to stop in the shortest time and space possible is made by a general ordinance introduced in evidence by plaintiff. This ordinance, being an enlargement of defendant’s legal obligation, must have been accepted by it in order to be binding upon it. Sanders v. Street R’y, 147 Mo. 411; Moran v. Oar Co.,. 134…
1Opinion of the Court
BRACE, B. J.
This is an action for. damages for personal injuries alleged to have been sustained by the plaintiff by being struck by one defendant’s cars on the fifth day of July, 1895, while walking on defendant’s track on Cottage avenue in the city of St. Louis, in which the plaintiff obtained a verdict and judgment, in the court below, for $3,800, and the defendant appeals.
The specific act of negligence upon which the plaintiff submitted his case to the jury is thus charged in the petition: “That at the time of said injury, there was in force within the city of St. Louis, an ordinance in…
2Cases cited6 opinions
- Fath v. Tower Grove & LaFayette RailwaySupreme Court of Missouri · 1891
- Senn v. Southern Railway Co.Supreme Court of Missouri · 1891
- Sanders v. Southern Electric Railway Co.Supreme Court of Missouri · 1898
- McCarthy v. Cass Avenue & Fair Ground Railway Co.Supreme Court of Missouri · 1887
- Liddy v. St. Louis RailroadSupreme Court of Missouri · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Schmidt v. St. Louis RailroadSupreme Court of Missouri · 1901
- Murrell v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1919
1 more not listed; retrieve them via the Exa API.