Behen v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court should have required plaintiff to elect on which charge of' negligence he would stand and go to trial.
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Appeal from Lincoln Circuit Court. — Hon. E. M. Hughes, Judge. (1) The court should have required plaintiff to elect on which charge of' negligence he would stand and go to trial. The two charges of negligence are inconsistent with one another and cannot stand together for the reason that they are in irreconcilable conflict, in this, that the first charge of negligence is that defendant started its car from a standing position while the plaintiff was standing on the running-board in the act of alighting therefrom, whereas the second charge of negligence in the petition is that defendant was…
1Opinion of the CourtValliant, J.
— Plaintiff’s mother was a passenger on one of defendant’s street cars and fell while attempting to alight therefrom and received injuries from which she soon afterwards died. The plaintiff was the only child of deceased, who was his only living parent, and was a minor. The suit was brought in the name of the minor by his guardian and curator to re*437cover damages, under the statute, on the ground that the accident was caused by the negligence of defendant; it was begun in the circuit court of the city of St. Louis, and taken by change of venue, on the application of defendant, to Lincoln…
2Cases cited3 opinions
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Crawford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
- Davis v. MorganSupreme Court of Missouri · 1888
3Cited by38 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Elkin v. St. Louis Public Service Co.Supreme Court of Missouri · 1934
- White v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1907
- Pentecost v. St. Louis Merchants Bridge Terminal RailroadSupreme Court of Missouri · 1933
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
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