Jorden v. St. Louis & Meramec River Railroad
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) The court erred in giving the jury, at the request of plaintiff, and over the objection of the defendant, instruction numbered 1. The said instruction is erroneous because the court in this instruction made no qualification of negligence, and no issue of negligence was submitted to the jury, and hence under this instruction the jury must have been misled upon the supposition that the defendant…
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Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. (1) The court erred in giving the jury, at the request of plaintiff, and over the objection of the defendant, instruction numbered 1. The said instruction is erroneous because the court in this instruction made no qualification of negligence, and no issue of negligence was submitted to the jury, and hence under this instruction the jury must have been misled upon the supposition that the defendant was liable whether negligent in the operation of its cars or not, merely from the fact that the plaintiff was injured,…
1Opinion of the CourtGoode, J.
The petition in this case alleges that on June 28, 1903, plaintiff was received as a passenger on one of defendant’s electric cars to be carried from Meramec Highlands in^ St. Louis county, to her destination, another part of said county; that defendant,- unmindful of its duty, so negligently maintained the car on which plaintiff was a passenger that its floor at the point where there was an opening with a cover, was rotten, worn, loose and insecure and unfit for the use defendant was putting it to, and that the floor, by reason of its insecure state, gave way and plaintiff was caused to fall…
2Cases cited2 opinions
- Uggla v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Solarz v. Manhattan Railway Co.The Superior Court of the City of New York and Buffalo · 1894
3Cited by2 opinions
- Anderson v. Kansas City Railway Co.Supreme Court of Missouri · 1921
- Donovan v. Kansas City Elevated Railway Co.Missouri Court of Appeals · 1911