Sullivan v. Jefferson Avenue Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) A trial court should not give instructions on a matter of negligence, when there is no evidence to support them. Evans v. Railroad, 106 Mo. 594; Goltz v. Griswold, 113 Mo. 152. In both these cases there was a jilea of contributing negligence; not so in the case at bar: Graham v. Gross, 50 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) A trial court should not give instructions on a matter of negligence, when there is no evidence to support them. Evans v. Railroad, 106 Mo. 594; Goltz v. Griswold, 113 Mo. 152. In both these cases there was a jilea of contributing negligence; not so in the case at bar: Graham v. Gross, 50 Mo. App. 380. (2) A party'will not be allowed, under the semblance-of impeaching a witness, to get hearsay evidence before the jury. Golts v. Griswold, 113 Mo. 144. (3) A common carrier of passengers must protect the passengers,…
1Opinion of the CourtGantt, P. J.
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The defendant is a street ear company, operating its cars on Jefferson avenue in the city of St. Louis. On the ninth of August, 1891, the plaintiff, a young lady, with a companion, another young lady, Miss Barrett, was apassenger on one of defendant’s cars in charge of Henry Reid, the driver. The car was what is known as a bobtail horse summer car, and the driver fills the place of both conductor and driver. The plaintiff and her friend were sitting on the back seat and the car was moving north. As the car reached a point near the northern line of Washington avenue, which it crosses almost…
2Cases cited8 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Peck v. RitcheySupreme Court of Missouri · 1877
- Jackson v. Grand Avenue Railway Co.Supreme Court of Missouri · 1893
- Bogie v. NolanSupreme Court of Missouri · 1888
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- American Brewing Ass'n v. TalbotSupreme Court of Missouri · 1897
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Graney v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1900
- Rollison v. Wabash RailroadSupreme Court of Missouri · 1913
- Loftus v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
32 more not listed; retrieve them via the Exa API.