Cole v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— Hon. John A. Talty, Judge. (1) The court erred in not sustaining the defendant ’s demurrer to the plaintiff’s amended petition. The petition nowhere alleges that plaintiff did not know of each and every one of the alleged defects and omissions set out in the amended petition.
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Appeal from St. Louis City Circuit Court.— Hon. John A. Talty, Judge. (1) The court erred in not sustaining the defendant ’s demurrer to the plaintiff’s amended petition. The petition nowhere alleges that plaintiff did not know of each and every one of the alleged defects and omissions set out in the amended petition. There is an apparent conflict'of authority on the question of whether an employee, suing for an injury arising from a defective appliance, must in his pleading negative knowledge of the existence of such defect. That conflict has grown up by some courts treating contributory…
1Opinion of the CourtValliant, J.
This is an appeal from a judgment in favor of the plaintiff for $5,000, as damages, for injuries sustained by him in a collision of cars on defendant’s street railroad.
At the date of the accident, March 7, 1901, the defendant was operating certain street railroads in St. Louis, one line of which was in Olive street running east and west, and another in Sixth street running north and south.' At that date the Olive street line was operated by cable, the Sixth street line by electricity. Plaintiff was an employee of defendant in the capacity of grip-man on the Olive street line.
The petition…
2Cases cited8 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Curtis v. McNairSupreme Court of Missouri · 1903
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Crane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Dakan v. G. W. Chase, & Son Mercantile Co.Supreme Court of Missouri · 1906
- Miller v. HaynesMissouri Court of Appeals · 1970
- Burkard v. A. Leschen & Sons Rope Co.Supreme Court of Missouri · 1909
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Obermeyer v. Logeman Chair Manufacturing Co.Missouri Court of Appeals · 1906
15 more not listed; retrieve them via the Exa API.