McCormack v. St. Louis Public Service Company

COIL, Commissioner.

Mary McCormack sought $35,000 for personal injuries which she averred she had sustained while alighting from one of defendant’s motorbuses. The jury returned a verdict for defendant which has appealed from the trial court’s order granting plaintiff a new trial on the ground of error in having given defendant’s instruction 5.

About 9:15 in the morning of April 4, 1957, Mrs. McCormack was a passenger on defendant’s motorbus. As she was in the process of alighting and in the act of stepping from the bus floor down to a step at the open exit door, the bus, according to her,…