Parker v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. J. Hugo Grimm, Judge. (1) Plaintiff’s petition does not state a cause of action.
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Appeal from St. Louis City Circuit Court. — Now. J. Hugo Grimm, Judge. (1) Plaintiff’s petition does not state a cause of action. Defendant’s negligence, which nierely contributes to without being the cause of plaintiff’s injuries, is not actionable, and certainly not if it contributes with plaintiff’s own negligence in causing her injuries. ' Schmidt v. Transit Co., 120 S. "W. 99; Smith v. Hardesty, 31 Mo. 413; Hof v. Transit Co., 213 Mo. 468; Krehmeyer v. Transit Co., 220 Mo: 668. (2) The court erred in giving plaintiff’s first instruction because: (a) It is an infcorrect declaration of…
1Opinion of the CourtReynolds, P. J.
This is an action by plaintiff against the defendant, at the time operating a street car line in the city of St. Lonis, for injuries alleged to have been sustained by her on or about the 13th of December, 1907, while she was a passenger on a westbound Compton avenue car of the defendant. There are two assignments of negligence in the petition, one to the effect that when the car approached the inter-, section of Armstrong and Park avenues in the city of St. Louis, the defendant’s conductor in charge signaled to the motorman and the car was stopped, “and it had come to a position of rest,” for…
2Cases cited9 opinions
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Magrane v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1904
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Hof v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Deschner ex rel. Deschner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1906
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3Cited by2 opinions
- Munro v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Rutledge v. SwinneySupreme Court of Missouri · 1914