Schaefer v. St. Louis & Suburban Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) Refused instruction number 1 for plaintiff should have been given. The plaintiff was a passenger, even before he stepped upon the car, or after he left it. Buck v. Bailroad, 108 Mo. 185; Dougherty v. Bailroad, 9 Mo. App. 482, 485, and cases there cited; Burbridge v. Bailroad, 36 Mo. App. 677. First.
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Appeal from St. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) Refused instruction number 1 for plaintiff should have been given. The plaintiff was a passenger, even before he stepped upon the car, or after he left it. Buck v. Bailroad, 108 Mo. 185; Dougherty v. Bailroad, 9 Mo. App. 482, 485, and cases there cited; Burbridge v. Bailroad, 36 Mo. App. 677. First. The court*, fails to .define what constitutes, a passenger; although it directs the jury to determine whether or not plaintiff was a passenger. Second. Being a passenger the sudden starting of the ear constituted…
1Opinion of the Court
Robinson, J. —
This is a suit brought by plaintiff to recover $5,000 damages for injuries alleged to have been received at one of the defendant’s stations on the St. Charles rock road, in the city of St. Louis, on August 9, 1892. Defendant' is a street railroad company operating its line by electric power.
“Plaintiff’s petition states that as he was about to board one of the trains on defendant’s road for the purpose of being transported as a passenger from its station, and while he was in the act of getting on said train at its platform, but before he had done so, the said train, owing to the…
2Cases cited3 opinions
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- Fulks v. St. Louis & San Francisco RailwaySupreme Court of Missouri · 1892
3Cited by30 opinions
- McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
- State v. FisherOhio Supreme Court · 2003
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
- Hogan v. Kansas City Public Service Co.Supreme Court of Missouri · 1929
- Mendenhall v. NeyerSupreme Court of Missouri · 1941
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