Elkin v. St. Louis Public Service Co.

— Action to recover damages for alleged personal injuries. Judgment for plaintiff and defendant appealed.

The petition contained five assignments of negligence, four of which charged primary negligence, and the fifth charged negligence under the humanitarian doctrine. The case was submitted to the jury under the humanitarian doctrine alone, and a recovery for plaintiff was predicated upon a finding by the jury that defendant could have avoided the collision by stopping the street car, or by slackening the speed thereof, or by giving warning of its approach.

The pertinent facts will be stated in…