Devoy v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Sim Warwick Hough, Judge. (1) Plaintiff could only recover on the cause of action and for the negligence specified in his petition. Hutson v. Taylor, 140 Mo. 263; Barclay v. Railroad, 148 Mo. 124; Pryor v. Railroad, 85 Mo. App. 367; Raining v. Railroad, 137 Mo. 506; Hite v. Railroad, 130 Mo. 136. (2) The relation of passenger and carrier can he created only by contract, express or implied.
Read the full summary
Appeal from St. Louis City Circuit Court. — Sim Warwick Hough, Judge. (1) Plaintiff could only recover on the cause of action and for the negligence specified in his petition. Hutson v. Taylor, 140 Mo. 263; Barclay v. Railroad, 148 Mo. 124; Pryor v. Railroad, 85 Mo. App. 367; Raining v. Railroad, 137 Mo. 506; Hite v. Railroad, 130 Mo. 136. (2) The relation of passenger and carrier can he created only by contract, express or implied. Schepers v. Railroad, 126 Mo. 665; Schaefer v. Railroad, 128 Mo. 64. (3) Under the pleadings and all the evidence plaintiff was not entitled to recover. Jackson…
1Opinion of the CourtLamm, J.
Suit for personal injuries based on the alleged negligence of appellant’s servants in operating a street car at the northwest comer of Eighth and Pine streets in St. Louis. The specifications of negligence set forth in an amended petition may be allowed to tell, in their own words, their own story — thus:
“Plaintiff states that on the afternoon of January 12, 1901, he went to the comer of Eighth and Pine streets, in said city of St. Louis, for the purpose of taking one of defendant’s cars to convey him to his home. He stood on the northwest comer of Eighth and Pine streets on the west side of…
2Cases cited9 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
- Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hays v. HoganSupreme Court of Missouri · 1917
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Evans v. KlusmeyerSupreme Court of Missouri · 1923
- Ricketts v. Kansas City Stock Yards of MaineMissouri Court of Appeals · 1976
- Applegate v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1913
22 more not listed; retrieve them via the Exa API.