Green v. United Railways Co. of St. Louis
Missouri Court of Appeals
Appeal from the Circuit Court of the ' City of St. Louis. — Ron. J. Hugo Grimm, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence requested by defendant. Plaintiff did not become a passenger for the reason that he did not accept the contract of carriage tendered by defendant. His tender of fare was not good because it was not unconditional.
Read the full summary
Appeal from the Circuit Court of the ' City of St. Louis. — Ron. J. Hugo Grimm, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence requested by defendant. Plaintiff did not become a passenger for the reason that he did not accept the contract of carriage tendered by defendant. His tender of fare was not good because it was not unconditional. Even if he had the right to demand a transfer entitling him to ride on more than one line, such right would not accrue until after he had paid his fare. And, therefore, when he refused to pay, and…
1Opinion of the CourtAllen, J.
— This is an action whereby plaintiff seeks to recover damages, compensatory and punitive, because of the alleged wrongful act of defendant’s servant in ejecting him from one of defendant’s street ears in the city of St. Louis. The trial below resulted in a verdict and judgment for plaintiff in the sum of *310$50 compensatory and $5.00. punitive damages; and the case is here on defendant’s appeal.
The petition alleges that defendant street railway company was originally- incorporated under the name “Central Traction Company of St. Louis” and thereafter ■ lawfully changed its name to “United…
2Cases cited7 opinions
- Kirk v. Seattle Electric Co.Washington Supreme Court · 1910
- Mitchell v. United Railways Co.Missouri Court of Appeals · 1907
- Davis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1873
- Rahilly v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1896
- St. L., I. M. & S. R'y v. LeighSupreme Court of Arkansas · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cole v. LongMissouri Court of Appeals · 1921