Legal Opinion

Gunn v. United Railways Co.

Missouri Court of Appeals

Decided November 4, 1913PublishedCited by 1 opinion

Appeal from St. Louis City Circuit Court.—Eon. J. Eugo Grimm, Judge. (1) The court erred in refusing the following instruction requested by defendant: “The court instructs the jury that if you find and believe from the evidence that plaintiff attempted to board a car while said car was in motion, then she cannot recover and your verdict must be for defendant.” Bond v. Railroad, 110 Mo. App. 131; Peck v. Transit Company, 178 Mo. 617; Hecker v. Railroad, 110 Mo.

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Appeal from St. Louis City Circuit Court.—Eon. J. Eugo Grimm, Judge. (1) The court erred in refusing the following instruction requested by defendant: “The court instructs the jury that if you find and believe from the evidence that plaintiff attempted to board a car while said car was in motion, then she cannot recover and your verdict must be for defendant.” Bond v. Railroad, 110 Mo. App. 131; Peck v. Transit Company, 178 Mo. 617; Hecker v. Railroad, 110 Mo. App. 166. (2) The court erred in refusing to give and read to the jury the following instruction requested by defendant: “The court…

1Opinion of the CourtAdulen, J.

This is an action to recover damages for injuries alleged to have been sustained by plaintiff while attempting to board one of defendant’s street cars in the city of St. Louis. Plaintiff recovered and the defendant prosecutes the appeal.

The negligence with which defendant is charged, as appears from plaintiff’s amended petition, upon which the case was tried, is as follows:

“That on or about May 16, 1910, the plaintiff signalled the motorman in charge of one of defendant’s cars, running north on .Seventh street to stop said car at the north side of Morgan street, for the purpose of enabling…

Also in this document: Concurrence.

2Cases cited10 opinions

  1. Ridenhour v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1890
  2. Bond v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1904
  3. Peck v. St. Louis Transit Co.Supreme Court of Missouri · 1903
  4. Green v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
  5. Forrester v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906

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

3Cited by1 opinion

  1. Gunn v. United Railways Co.Supreme Court of Missouri · 1917

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