Olsen v. Citizens Railway Co.
Supreme Court of Missouri
Appeal from the St. Louis City Circuit Court. — Hon. P. R. Elitcraft, Judge. (1) Tbe court erred in giving plaintiff’s instruction number 1. (a) It lays down an entirely new rule of law, coneerning the duties of both the conductor and gripman, of a street railway train, in approaching an intersecting street, in this, that it compels the conductor as well as the gripman (“the servants in charge of its cars”) to watch and listen for any approaching vehicle at an intersecting…
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Appeal from the St. Louis City Circuit Court. — Hon. P. R. Elitcraft, Judge. (1) Tbe court erred in giving plaintiff’s instruction number 1. (a) It lays down an entirely new rule of law, coneerning the duties of both the conductor and gripman, of a street railway train, in approaching an intersecting street, in this, that it compels the conductor as well as the gripman (“the servants in charge of its cars”) to watch and listen for any approaching vehicle at an intersecting street, and if both or either of them “fail even in a slight degree,” to use a high degree of care in doing so, then the…
1Opinion of the CourtGantt, P. J.
The plaintiff was a passenger on one of defendant’s cars on its street railway on Morgan street in the *429city of St. Louis, and was injured by a collision between said car and a wagon of tbe fire department of said city on its way to a fire.
No claim is made that the damages she recovered are excessive.
Tbe evidence in brief was to tbe effect that as tbe car on wbicb plaintiff was riding, was moving east on Morgan street,, an engine of tbe fire department was going north to a fire on Ninth street. Tbe engine passed Morgan street safely and was followed by a hooh-and-ladder wagon, wbicb was being…
2Cases cited1 opinion
- Hill v. . Ninth Avenue R.R. Co.New York Court of Appeals · 1888
3Cited by25 opinions
- Frandeka v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- Adams v. University HospitalMissouri Court of Appeals · 1907
- Zichler v. St. Louis Public Service Co.Supreme Court of Missouri · 1933
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Charlton Ex Rel. Charlton v. LovelaceSupreme Court of Missouri · 1943
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