Legal Opinion

Muehlhausen v. St. Louis Railroad

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 34 opinions

Appeal from St. Louis Court of Appeals. The court, at plaintiff’s request, gave the following; instructions: “1. The court instructs the jury that if they believe, from the evidence, that, under the instruction defining what makes a person a passenger, the deceased was a passenger on defendant’s car, and that the driver of the defendant, while in charge of said car, was guilty of negligence, carelessnes s, or want of prudence or skill in managing or conducting said car, and…

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Appeal from St. Louis Court of Appeals. The court, at plaintiff’s request, gave the following; instructions: “1. The court instructs the jury that if they believe, from the evidence, that, under the instruction defining what makes a person a passenger, the deceased was a passenger on defendant’s car, and that the driver of the defendant, while in charge of said car, was guilty of negligence, carelessnes s, or want of prudence or skill in managing or conducting said car, and thereby the deceased was jolted or thrown from said car, or was thereby without hindrance enabled to attempt to alight…

1Opinion of the CourtNorton, C. J.

Plaintiffs’ suit is based upon the allegations that they were the parents of Edward Muehlhausen, a minor; that he was a passenger on one of defendant’s cars; that defendant, under an act of the legislature, was bound by law to furnish each of its cars “with adjustable gates, or guards, such as would effectually prevent passengers from getting on or off the front platform” of the car; that, while such passenger he was, by the agent of defendant in charge of the car, “negligently, carelessly, and recklessly, and in utter disregard of duty, permitted to stand upon the front platform of said car,…

2Cases cited6 opinions

  1. Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
  2. Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
  3. Whalen v. St. Louis, Kansa City & Northern RailwaySupreme Court of Missouri · 1875
  4. McKeon v. Citizens' Railway Co.Supreme Court of Missouri · 1867
  5. Morrissey v. Wiggins Ferry Co.Supreme Court of Missouri · 1869

1 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
  2. Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
  3. Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1889
  4. Warder v. HenrySupreme Court of Missouri · 1893
  5. Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899

29 more not listed; retrieve them via the Exa API.

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