Legal Opinion

Cooke v. Springfield Traction Co.

Missouri Court of Appeals

Decided June 6, 1910Published

Appeal from Greene Circuit Court. — Hon. George Pepper dine, Special Judge. (1) The place where the captain wanted to alight was, by the-custom of the company, a regular stopping place. That being true, when he notified the agents of defendant in charge of the car that he desired to alight, and they recognized his notice by slackening the speed, it was their duty to have stopped the car and held it a reasonable time.

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Appeal from Greene Circuit Court. — Hon. George Pepper dine, Special Judge. (1) The place where the captain wanted to alight was, by the-custom of the company, a regular stopping place. That being true, when he notified the agents of defendant in charge of the car that he desired to alight, and they recognized his notice by slackening the speed, it was their duty to have stopped the car and held it a reasonable time. And they were guilty of negligence when they accelerated its speed before he had gotten off. Jones v. Traction Co., 137 Mo. App. 408; Cramer v. Traction Co., 112 Mo. App. 350;…

1Opinion of the CourtGray, J.

This is a. suit by plaintiff to recover damages for the death of her husband, who, it is claimed, lost his life on account of the negligence of the defendant.

The defendant, on the 15th day of August, 1903, was operating a street railroad along certain streets in the city of Springfield. On that morning the deceased, who was seventy-three years of age, boarded a car of the defendant to be carried to a point on Commercial street, between Eobberson avenue and Jefferson street. The deceased boarded what was known as a summer car, being an open car. The defendant maintained a double track on a…

2Cases cited4 opinions

  1. Canaday v. United Railways Co.Missouri Court of Appeals · 1908
  2. Jones v. Springfield Traction Co.Missouri Court of Appeals · 1909
  3. Millar v. St. Louis Transit Co.Supreme Court of Missouri · 1908
  4. Van Cleve v. St. Louis, Memphis & Southeastern Railway Co.Missouri Court of Appeals · 1909

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