Shareman v. St. Louis Transit Co.
Missouri Court of Appeals
(1) The only cause of action attempted to he pleaded in the petition is the supposed negligence of defendant in allowing plaintiff’s wife to alight from a moving car after its motion had become so reduced as. to be imperceptible; coupled with the declaration that in so permitting the lady to alight defendant violated an ordinance of the city forbidding conductors to allow women and children to leave street cars while the same are in motion: In his opening statement to the…
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(1) The only cause of action attempted to he pleaded in the petition is the supposed negligence of defendant in allowing plaintiff’s wife to alight from a moving car after its motion had become so reduced as. to be imperceptible; coupled with the declaration that in so permitting the lady to alight defendant violated an ordinance of the city forbidding conductors to allow women and children to leave street cars while the same are in motion: In his opening statement to the jury counsel for plaintiff declared the fact to be that the car was at a standstill when the lady undertook to alight, and…
1Opinion of the CourtGoode, J.
(after stating the facts-as above). — 1. An objection was made to the introduction of any evidence on the ground that th¿ petition did not state facts sufficient to constitute a cause of action. The argument advanced by appellant’s counsel in support of the objection is that, as the petition alleged the motion of the car was imperceptible when Mrs. Shareman started to get off, and alleged that she was thrown or fell from the car on account of its imperceptible motion, the conductor, if the motion was imperceptible, could not be aware of it and, therefore, was not negligent. When this…
2Cases cited12 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- Weber v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1889
- Moore v. Lindell Railway Co.Supreme Court of Missouri · 1903
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3Cited by2 opinions
- Phoenix Railway Co. v. BealsArizona Supreme Court · 1919
- Kirby v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910