Sterrett v. Metropolitan Street Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Wm. B. Teasdale, Judge. (1) Where, in an action for damages, the plaintiff’s petition states: 1st, That she was injured hy the starting of defendant’s ear while she was in the act of hoarding the same; 2d, That the start of the car was so sndden as to throw her down; and, 3d, That defendant’s servants knew, or by diligence could have known, that she was so in the act of boarding the car; the first charge is the essential and…
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Appeal from Jackson Circuit Court. — Hon. Wm. B. Teasdale, Judge. (1) Where, in an action for damages, the plaintiff’s petition states: 1st, That she was injured hy the starting of defendant’s ear while she was in the act of hoarding the same; 2d, That the start of the car was so sndden as to throw her down; and, 3d, That defendant’s servants knew, or by diligence could have known, that she was so in the act of boarding the car; the first charge is the essential and predicative one, and plaintiff is entitled to recover upon establishing that charge alone; while the second and third charges…
1Opinion of the CourtGraves, J.
Plaintiff alleging herself to be-a passenger of the defendant brings this suit to recover damages for an injury to her knee, which she claims was occasioned by a fall in an attempt to board one of defendant’s cars. She claims to have been carrying *103a basket of band-painted cbina in eaeb band and to bave mounted tbe step of tbe car while it was yet standing, but that before she could step to tbe platform, and whilst she was in tbe act of stepping from tbe step to tbe platform, tbe ear suddenly started and she was thrown down on tbe platform and received tbe injury complained of in this.action.…
2Cases cited1 opinion
- Black v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
3Cited by15 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Block v. RackersSupreme Court of Missouri · 1953
- Coleman v. Crescent Insulated Wire & Cable Co.Supreme Court of Missouri · 1943
- White v. St. Louis Public Service Co.Supreme Court of Missouri · 1953
- Starnes v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1932
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