Reagan v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The instruction given by the court is not the law as applicable to carriers of passengers.
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Appeal from St. Louis City Circuit Court. — Hon. Selden P. Spencer, Judge. (1) The instruction given by the court is not the law as applicable to carriers of passengers. It is the law of the relation between carrier and passenger that it is the duty of the carrier to safely carry the passenger to her point of destination on the carrier’s line, and there to stop the car and keep it stopped a reasonable time, to enable the passenger to alight in safety from the car whilst so stopped — if the carrier can do so by the highest practical care of a very prudent and skillful carrier of passengers.…
1Dissent
Scott, J.,
dissented, and held that under the Constitution the court has no power to limit in advance the argument of counsel to the jury. As hereinafter pointed out this position has since been many times declared not to be the law by nearly all courts that have spoken on the subject.
In State v. Baker, 136 Mo. 74, the defendant was indicated for carnal knowledge of his fourteen-year-old daughter, tried and convicted and sentenced to twenty years in the penitentiary. The court limited the argument to one hour on a side, and, in an opinion by Gantt, P. J., concurred in by Sherwood and Burgess,…
2Cases cited17 opinions
- State v. . CollinsSupreme Court of North Carolina · 1874
- Jones v. CommonwealthSupreme Court of Virginia · 1890
- Louisville & Nashville Railroad v. Earl's Adm'xCourt of Appeals of Kentucky · 1893
- State v. LinneySupreme Court of Missouri · 1873
- People v. GreenCalifornia Supreme Court · 1893
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