McCarty v. St. Louis & Suburban Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son, S. D. Wood, Judge. (1) It was error for the court to instruct that defendant owed plaintiff no duty if the place at which plaintiff boarded the car was not a usual and customary place for stopping to receive passengers, unless defendant’s conductor saw plaintiff attempting to board the car while it was standing still and so seeing plaintiff negligently started the car before plaintiff was safely on. the car, etc.
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Appeal from St. Louis City Circuit Court. — Son, S. D. Wood, Judge. (1) It was error for the court to instruct that defendant owed plaintiff no duty if the place at which plaintiff boarded the car was not a usual and customary place for stopping to receive passengers, unless defendant’s conductor saw plaintiff attempting to board the car while it was standing still and so seeing plaintiff negligently started the car before plaintiff was safely on. the car, etc. Ashworth v. Railway, 59 L. R. A. 592; Williams v. Kansas City, etc., 96 Mo. 275 ; Meriwether v. K. C. Cable Co., 45 Mo. App. 528;…
1Opinion of the CourtGoode, J.
This plaintiff got hurt in attempting to board one of the defendant’s cars. The accident occurred on Seventh street a little south of Franklin avenue, in St. Louis, about six o ’clock p. m., December 2, 1902. The car in question at that time ran from Locust to Seventh, thence north to Franklin avenue, thence west over the tracks of the St. Louis Transit Company, pending repairs to the defendant’s tracks on Seventh street. There was a switch just south of Franklin avenue, but not at the crossing, and the car stopped to throw the switch so as to go around the curve in the track into Franklin…
2Cases cited18 opinions
- Kelly v. Manhattan Railway Co.New York Court of Appeals · 1889
- Blanton v. DolbSupreme Court of Missouri · 1891
- McNulta v. EnschIllinois Supreme Court · 1890
- Webster v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1894
- Palmer v. . Pennsylvania Co.New York Court of Appeals · 1888
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3Cited by8 opinions
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
- Hamilton v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- Devroe v. Portland Ry. L. & P. Co.Oregon Supreme Court · 1913
- Anderson v. Kansas City Railway Co.Supreme Court of Missouri · 1921
- Hays v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
3 more not listed; retrieve them via the Exa API.