Allen v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hoh. Wm. Zachritz, Judge. (1) The motion to require plaintiff to make his •amended petition more definite and certain should have been sustained. The allegation that plaintiff was injured by the negligence of defendants is insufficient.
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Appeal from St. Louis City Circuit Court. — Hoh. Wm. Zachritz, Judge. (1) The motion to require plaintiff to make his •amended petition more definite and certain should have been sustained. The allegation that plaintiff was injured by the negligence of defendants is insufficient. Conley v. Eailroad, 109 N. C. 692; s. c., 14 S. E. 303.- The only exception to this well-established rule of pleading is in passenger cases, where the specific facts alleged raise a presumption of negligence. The presumption of negligence is raised by the accident being caused in the following character of cases: (a)…
1Opinion of the CourtYalliant, J.
On October 9, 1900, the defendants were operating a double-track street railroad in Lafayette avenue' in St. Louis lying east and west. At that date defendants’ cars were drawn by cable power. Its trains were composed of what was called a grip-car, and a closed car called a trailer. The grip-car was open at the sides, the seats arranged crosswise, with a closed aisle in the middle for the gripman to occupy, and the roof was supported by stanchions on both sides at the outer ends of the seats. The seats were reached by the passengers by a board running lengthwise along each *422side of the car…
2Cases cited7 opinions
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Coudy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1884
- Seymour v. Citizens' Railway Co.Supreme Court of Missouri · 1893
2 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Annin v. JacksonSupreme Court of Missouri · 1937
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Ramp v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Sommers v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Wilbur v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1905
42 more not listed; retrieve them via the Exa API.