Grace v. St. Louis Railroad
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Son. John Rudolph Sirzel, Judge. (1) Tbe court erred in giving plaintiff’s instruction numbered 1, and in refusing defendant’s instruction explanatorv thereof, for the following reasons: (a) The instruction complained of charged defendant’s conductor and gripman with a higher degree of care and caution than the circumstances required, (b) The instruction declares the law to be, that if a passenger signals to either the conductor…
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Appeal from St. Louis County Circuit Court. — Son. John Rudolph Sirzel, Judge. (1) Tbe court erred in giving plaintiff’s instruction numbered 1, and in refusing defendant’s instruction explanatorv thereof, for the following reasons: (a) The instruction complained of charged defendant’s conductor and gripman with a higher degree of care and caution than the circumstances required, (b) The instruction declares the law to be, that if a passenger signals to either the conductor or gripman “of his intention to leave the car,” and the signal is understood by the one signalled to, then it is the…
1Opinion of the Court
MAESHALL, J.-
Damages for personal injuries.
On July 18, 1891; about 8:30 p. m., the plaintiff became -a passenger on defendant’s train of cable cars, composed of a gripear and an open coach, at Eranklin avenue and Bro-ad-*298way, according to his showing or at Biddle and Broadway, according to defendant’s showing, whichever it was is immaterial in this case, paid his fare, and took a seat on the right ■side of the grip, two or three seats from the rear of the car, intending to go to Howard street and Broadway. The negligence charged in the petition is that when the car reached his destination it…
2Cases cited5 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Aull v. St. Louis Trust Co.Supreme Court of Missouri · 1899
- Bartley v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1899
- Bertram v. Peoples Railway Co.Supreme Court of Missouri · 1900
3Cited by6 opinions
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Nelson v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Feldotto v. St. Louis Public Service CompanyMissouri Court of Appeals · 1955
- Lehner v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Deskins v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1910
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