Stoddard v. St. Louis & Meramec River Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. Franklin Ferriss, Judge. (1) The implied contract which a common carrier owes to a passenger is to carry him safely and if the passenger be injured by the carrier, while the relation of carrier and passenger exists the burden is upon the carrier to show that the injury was not occasioned by its negligence.
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Appeal from St. Louis City Circuit Court. — How. Franklin Ferriss, Judge. (1) The implied contract which a common carrier owes to a passenger is to carry him safely and if the passenger be injured by the carrier, while the relation of carrier and passenger exists the burden is upon the carrier to show that the injury was not occasioned by its negligence. Sweeney v. Eailway, 150 Mo. 397; Och v. Eailroad, 130 Mo. 51;- Dougherty v. Eailroad, 81 Mo. 328. (2) It is the duty of a common carrier after it has received a passenger, to so manage its cars as to give him a reasonable opportunity to get…
1Opinion of the CourtBland, P. J.
Plaintiff, while a passenger thereon, was injured by falling upon the rear platform of one of defendant’s street railway cars. The suit was to recover damages for injuries to her person caused by the fall. She recovered a verdict in the court below which, on motion of defendant, was set aside and a new trial granted. Prom the order granting the new trial plaintiff appealed. The ground assigned by the trial judge for setting aside the verdict is that the court erred in refusing defendant’s instruction, offered at the close of plaintiff’s evidence, to the effect that on her own showing she was…
2Cases cited12 opinions
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Smith v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
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3Cited by5 opinions
- Spring v. Kansas City Area Transportation AuthoritySupreme Court of Missouri · 1994
- Brady v. Springfield Traction Co.Missouri Court of Appeals · 1910
- Rice v. Puget Sound Traction, Light & Power Co.Washington Supreme Court · 1914
- Scullin v. Wabash RailroadSupreme Court of Missouri · 1905
- Boland v. United Railways Co.Missouri Court of Appeals · 1910