Duffy v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) Under the pleadings and evidence in this case plaintiff was not entitled to recover, and the trial court should have so declared to the jury by peremptory instruction as requested by defendant. At the end of the trial the cause of action alleged in plaintiff’s petition remained unproven in its entire scope and meaning.
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Appeal from St. Louis City Circuit Court. — Hon. D. D. Fisher, Judge. (1) Under the pleadings and evidence in this case plaintiff was not entitled to recover, and the trial court should have so declared to the jury by peremptory instruction as requested by defendant. At the end of the trial the cause of action alleged in plaintiff’s petition remained unproven in its entire scope and meaning. As to the necessity of pleading and proving that the jerk in such cases was unnecessarily or unusually violent, see Saxton v. Railroad, 72 S. "W. 720; Pryor v. Railroad, 85 Mo. App. 367; Bartley v.…
1Opinion of the CourtBland, P. J.
After alleging that plaintiff was a passenger on one of defendant’s street railway cars and the contract to carry him to his place of destination, (Clara and Easton avenues, in the city of St. Louis) and *237the duty to stop the car a reasonable length of time to let plaintiff off, the petition proceeds as follows:'
“Yet the plaintiff avers that the defendant, unmindful of its said undertaking and of its duty in the premises, did by its servants in charge of its said car, carry the plaintiff past his said point of destination, and thereafter, to-wit: As said car was approaching the intersection of…
2Cases cited3 opinions
- Hughes v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Voegeli v. Pickel Marble & Granite Co.Missouri Court of Appeals · 1892
- Taylor v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
3Cited by6 opinions
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Texas P. Ry. Co. v. PerkinsCourt of Appeals of Texas · 1926
- Young v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1905
- Craig v. Wabash RailroadMissouri Court of Appeals · 1910
- Hufford v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
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