Jordan v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Now. John W. McElhinney, Judge. (1) The court erred in overruling defendant’s motion to compel plaintiff to elect on which cause of action she would proceed to trial. These causes of action required different evidence, and the measure of dainages is different.
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Appeal from St. Louis County Circuit Court. — Now. John W. McElhinney, Judge. (1) The court erred in overruling defendant’s motion to compel plaintiff to elect on which cause of action she would proceed to trial. These causes of action required different evidence, and the measure of dainages is different. One allegation is the negligence of a motorman running a car, the other is the negligence of a vice-principal. .Southworth v. Lamb, 82 Mo. 247; McDermott v. Railroad, 87 Mo. 302; Drolshagen v. Railroad, 85 S. W. 344. (2) The court erred in refusing to give the demurrer to the evidence at the…
1Opinion of the CourtYalliant, P. J.
Plaintiff's husband was struck and killed by4 a street car of defendant and she brings this suit to recover damages.
At the trial the evidence for the plaintiff tended to prove as follows:
Michael Jordan, the plaintiff’s husband, was in the service of the defendant corporation in the capacity of track repairer. Defendant was operating a double-track street railroad in Delmar avenue, which is a street running east and west. The space between the north rail of the south track and the south rail of the north track is five feet, eight or ten inches; the tracks *423are four feet, ten inches between…
2Cases cited8 opinions
- Paddock v. SomesSupreme Court of Missouri · 1890
- Christal v. CraigSupreme Court of Missouri · 1883
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Behen v. St. Louis Transit Co.Supreme Court of Missouri · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Spain v. BurchMissouri Court of Appeals · 1913
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Eoff v. SenterMissouri Court of Appeals · 1958
- Jackson v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1948
- Peters v. Kansas City Rys. Co.Missouri Court of Appeals · 1920
15 more not listed; retrieve them via the Exa API.