Graefe v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Now. John W. McElhmney, Judge. (1) There was no error in the 6th instruction given for the plaintiff. Davenport v. City, 108 Mo. 478; Railroad v. Smith, 226 HI. 178, 80 N. E. 716; Mc-Keon v. Railroad, 43 Mo. 405; Matthews v. Elevator Co., 59' Mo. 494. (2) The plaintiff’s 3d and 5th instructions stated injuries for which defendants were liable if the jury found the facts as therein recited.
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Appeal from St. Louis County Circuit Court. — Now. John W. McElhmney, Judge. (1) There was no error in the 6th instruction given for the plaintiff. Davenport v. City, 108 Mo. 478; Railroad v. Smith, 226 HI. 178, 80 N. E. 716; Mc-Keon v. Railroad, 43 Mo. 405; Matthews v. Elevator Co., 59' Mo. 494. (2) The plaintiff’s 3d and 5th instructions stated injuries for which defendants were liable if the jury found the facts as therein recited. It is entirely proper when injuries have been sustained by a plaintiff for some of which defendant in certain aspects of the facts may be liable and for others…
1Opinion of the CourtFox, J.
This action was brought in the city of St. Louis against the St. Louis Transit Company to recover for personal injuries received by plaintiff while trying to board a street ear. A change of venue was awarded to St. Louis county, where, by amended petition, the United Railways Company was also made a party defendant.
The plaintiff’s amended petition, in so far as is necessary to tbe determination of this appeal, is as follows:
“On November 15', 1901, tbe plaintiff wishing and intending to become a passenger for hire on one of defendants’ said electric cars to be carried from tbe intersection of…
2Cases cited16 opinions
- Bassett v. City of St. JosephSupreme Court of Missouri · 1873
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Benjamin v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1896
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
11 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Elkin v. St. Louis Public Service Co.Supreme Court of Missouri · 1934
- Girratono v. Kansas City Public Service Co.Supreme Court of Missouri · 1952
- Pentecost v. St. Louis Merchants Bridge Terminal RailroadSupreme Court of Missouri · 1933
- Wills v. Berberich's Delivery Co.Supreme Court of Missouri · 1939
- Gann v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1928
23 more not listed; retrieve them via the Exa API.